Elher v. Misra’s Empirical Analysis

Citation profile

9 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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “his opinion was based on his own beliefs, there was no evidence that his opinion was generally accepted within the relevant expert community, there was no peer-reviewed medical literature supporting his opinion, plaintiff failed to provide any other support for [the expert's] opinion, and defendants submitted contradictory peer-reviewed literature.”

   1 later decision quote this exact passage · from the majority
   e.g. Braylon Seifert v. Kay M. Balink, M.D.

2. “exists when the professional's breach of the standard of care is so obvious that it is within the common knowledge and experience of an ordinary layperson.”

   1 later decision quote this exact passage · from the majority
   e.g. 322 Mich. App. 292 - Cox v. Eric J. Hartman, M.D., & Blue Water Obstetrics & Gynecology Prof'l Corp.

3. “A lack of supporting literature, while not dispositive, is an important factor in determining the admissibility of expert witness testimony.”

   1 later decision quote this exact passage · from the majority
   e.g. Alexander Figurski v. Trinity Health-Michigan