Elliot v. Barrow’s Empirical Analysis
1988
Citation profile
7 state decisions
Relationships
Relies on 475 So. 2d 666 - Moore v. Morris · 285 So. 2d 7 - Hammonds v. Buckeye Cellulose Corporation · 487 So. 2d 1032 - FLORIDA PATIENT'S COMP. FUND v. Tillman · 524 So. 2d 671 - Florida Patient's Compensation Fund v. Sitomer · 476 So. 2d 781 - Schafer v. Lehrer
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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[T]he knowledge of physical injury alone, without knowledge that it resulted from a negligent act, does not trigger the statute of limitations. An “incident” giving rise to a cause of action has been defined as consisting of three elements: (1) a medical procedure, (2) tortiously performed, (3) which injures the patient. Therefore plaintiffs knowledge of the fall ... without further knowledge that it was caused by negligence or that it actually resulted in injury, is insufficient to automatically trigger the statute of limitations. The triggering of the statute of limitations may be delayed until sometime after the actual occurrence or act.... On the other hand, if plaintiff either should have or did have actual knowledge of the negligence, the statute begins to run. Elliot, 526 So.2d at 990-91 , (citations omitted).”
2 later decisions quote this exact passage“An action for medical malpractice shall be commenced within 2 years from the time the incident giving rise to the action occurred or within 2 years from the time the incident is discovered, or should have been discovered with the exercise of due diligence; however, in no event shall the action be commenced later than 4 years from the date of the incident or occurrence out of which the cause of action accrued.”
2 later decisions quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.