Abbey v. Jackson’s Empirical Analysis

Citation profile

28 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 28 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[T]o recover on a claim of lack of informed consent, a plaintiff must prove that there was an undisclosed risk that was material; that the risk materialized, injuring plaintiff; and that plaintiff would not have consented to the procedure if she had been informed of the risk. A material risk is a risk which a reasonable person would consider significant in deciding whether to undergo a particular medical treatment.”

   2 later decisions quote this exact passage
   e.g. Hill v. Medlantic Health Care Group · Miller-McGee v. Washington Hospital Center

2. “[a]llowing plaintiffs in the appropriate case to prove a malpractice claim through the expert testimony of defendant physician or defense witnesses is ... consistent with the purposes of the expert testimony requirement....’’ Id. at 334 (emphasis added). While Abbey was clearly such an appropriate case, it is readily distinguishable from the present case. In Abbey the”

   1 later decision quote this exact passage
   e.g. Eibl v. Kogan

3. “`can establish a prima facie case of lack of informed consent through the expert testimony of defendant physicians and defense witnesses without calling independent experts.'”

   1 later decision quote this exact passage
   e.g. Miller-McGee v. Washington Hospital Center