472 So. 2d 746 - Cunningham v. Parikh’s Empirical Analysis

Citation profile

2 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “768.46 Florida Medical Consent Law. — (1) This section shall be known and cited as the "Florida Medical Consent Law." (2) In any medical treatment activity not covered by s. 768.13, entitled the "Good Samaritan Act," this act shall govern. (3) No recovery shall be allowed in any court in this state against any physician licensed under chapter 458, osteopath licensed under chapter 459, chiropractor licensed under chapter 460, podiatrist licensed under chapter 461, or dentist licensed under chapter 466 in an action brought for treating, examining, or operating on a patient without his informed consent when: (a) 1. The action of the physician, osteopath, chiropractor, podiatrist, or dentist in obtaining the consent of the patient or another person authorized to give consent for the patient was in accordance with an accepted standard of medical practice among members of the medical profession with similar training and experience in the same or similar medical community; and 2. A reasonable individual, from the information provided by the physician, osteopath, chiropractor, podiatrist, or dentist, under the circumstances, would have a general understanding of the procedure, the medically acceptable alternative procedures or treatments, and the substantial risks and hazards inherent in the proposed treatment or procedures, which are recognized among other physicians, osteopaths, chiropractors, podiatrists, or dentists in the same or similar community who perform similar treatments ”

   1 later decision quote this exact passage
   e.g. 493 So. 2d 999 - Parikh v. Cunningham

2. “[t]he main issue of fact at trial was whether Dr. Parikh had fairly and adequately explained to Mrs. Cunningham”

   1 later decision quote this exact passage
   e.g. 493 So. 2d 999 - Parikh v. Cunningham

3. “the only fact proved is that Mrs. Cunningham signed a general consent form.”

   1 later decision quote this exact passage
   e.g. 493 So. 2d 999 - Parikh v. Cunningham