Nash v. Cosby’s Empirical Analysis

Citation profile

28 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 28 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “the recent trend has been toward allowing expert testimony that is based upon medical or hospital or psychological records, even in some cases where those records are not in evidence.”

   4 later decisions quote this exact passage
   e.g. Kimberly-Clark Corp. v. Sawyer · 608 So. 2d 743 - Tgs v. Dls

2. “"The rule disallowing expert testimony based on opinions or conclusions of others simply ignores the reality of current medical practice. It cannot be reasonably argued that doctors and other medical practitioners do not rely on the observations and conclusions of other medical professionals in making diagnoses. Thus, it is appropriate that those same conclusions and observations should be taken into account by any medical expert testifying as to an applicable standard of care or as to a breach thereof. [6] We believe that use of such conclusions and observations would only improve the reliability of expert testimony on medical issues."”

   1 later decision quote this exact passage
   e.g. 582 So. 2d 512 - Brillant v. Royal

3. “"This trend recognizes that because of a growing tendency toward division of services in the medical field, any person who undertakes to make a diagnosis must necessarily rely on the opinions and tests of other persons. Records that are sufficient to support a diagnosis in a hospital should be sufficient to form the basis for expert testimony in the courtroom."”

   1 later decision quote this exact passage
   e.g. 680 So. 2d 909 - Ex Parte Slaton