Townsend v. Kiracoff’s Empirical Analysis

Citation profile

2 district · 1 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 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““While a doctor’s negligence is not generally imputable to the hospital, where the hospital itself acted negligently, either by negligently employing and retaining incompetent physicians or by failing to perform some other necessary cautionary measure, an action for negligence may be maintained against it. As stated by the Colorado Supreme Court: ‘[a] hospital, a corporation as here, can not be licensed to, and cannot practice medicine and surgery. The relation between doctor and patient is personal. That a hospital employs doctors on its staff does not make it liable for the discharge of their professional duty since it is powerless, under the law, to command or forbid any act by them in the practice of their profession. Unless it employs those whose want of skill is known, or should be known, to it, or by some special conduct or neglect makes itself responsible for their malpractice ... it cannot be held liable therefore.’ Moon v. Mercy Hospital, 150 Colo. 430 , 373 P.2d 944, 945 (1962); Rosane v. Senger, 112 Colo. 363 , 149 P.2d 372, 374 (1944).””

   1 later decision quote this exact passage · from the majority
   e.g. 558 F. Supp. 1334 - Banks v. St. Mary's Hospital & Medical Center