534 So. 2d 486 - Harmon v. Levenson’s Empirical Analysis
1988
Citation profile
7 state decisions
Relationships
Relies on Arceneaux v. Domingue · 530 So. 2d 1151 - Pitre v. Opelousas General Hosp. · 506 So. 2d 571 - Coleman v. Touro Infirmary of New Orleans · Ramirez v. Comet Drilling Co. · 463 So. 2d 745 - Faust v. Lombardo
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.
“A. In a malpractice action based on the negligence of a physician licensed under R.S. 37:1261 et seq. * * *, the plaintiff shall have the burden of proving: (1) The degree of knowledge or skill possessed or the degree of care ordinarily exercised by physicians * * * licensed to practice in the state of Louisiana and actively practicing in a similar community or locale and under similar circumstances; and where the defendant practices in a particular specialty and where the alleged acts of medical negligence raise issues peculiar to the particular medical specialty involved, then the plaintiff has the burden of proving the degree of care ordinarily practiced by physicians * * * within the involved medical specialty. (2) That the defendant either lacked this degree of knowledge or skill or failed to use reasonable care and diligence, along with his best judgment in the application of that skill, and (3) That as a proximate result of this lack of knowledge or skill or the failure to exercise this degree of care the plaintiff suffered injuries that would not otherwise have been incurred. B. Any party to the action will have the right to subpoena any physician * * * for a deposition and/or testimony for trial to establish the degree of knowledge or skill possessed or degree or care ordinarily exercised as described above without obtaining the consent of the physician * * * who is going to be subpoenaed. The fee of the physician * * * called for deposition and/or testimony under th”
1 later decision 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.