Caldwell v. Overton’s Empirical Analysis

Citation profile

5 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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The representation in question was a physician’s conclusion about the medical condition of a patient and the conclusion could only have been negligently reached by the physician’s failure to perform his duty of reasonable care, skill and diligence. It seems obvious and beyond argument that a conclusion induced by negligence must exist before it may be communicated to another as a negligent representation.... When a patient in doubt about his health and bodily condition requests and is supplied medical information, such as a diagnosis or a prognosis, the patient is entitled to expect the medical practitioner to exercise the care and competence in reaching an opinion that the practitioner’s profession requires and which the practitioner professes to have by engaging in medical practice.”

   1 later decision quote this exact passage
   e.g. Wheeler v. Yettie Kersting Memorial Hospital

2. “that when a patient in doubt about his health and bodily condition requests and is supplied medical information, such as a diagnosis or a prognosis, the patient is entitled to expect the medical practitioner to exercise the care and competence in reaching an opinion that the practitioner’s profession requires and which the practitioner professes to have by engaging in medical practice.”

   1 later decision quote this exact passage
   e.g. Wilson v. Winsett