Morris-Rosdail v. Schechinger’s Empirical Analysis

Citation profile

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

1. “[although the disclosure requirements of rule 125 are generally limited to physicians retained for purposes of litigation and exclude treating physicians, the application of the rule does not necessarily depend on the label or role of the physician. Instead, it hinges on the reason and time frame in which the underlying facts and opinions were acquired by the physician. Thus, even treating physicians may come within the parameters of rule 125 when they begin to assume a role in the litigation analogous to that of a retained expert. This generally occurs when a treating physician begins to focus less on the medical questions associated in treating the patient and more on the legal questions which surface in the context of a lawsuit.”

   1 later decision quote this exact passage
   e.g. Hansen v. Central Iowa Hospital Corp.

2. “It is important to recognize [the Iowa] rule governing the discovery of experts distinguishes between facts and opinions of experts which were derived prior to being retained as an expert and those acquired or developed in anticipation of litigation or for trial. Only those opinions and facts acquired by an expert in anticipation of litigation or for trial are subject to discovery under our rule. The rule does not preclude an expert from testifying to facts and opinions derived prior to being retained as an expert. Thus, the testimony of a treating physician is generally not subject to ... discovery procedures!.]”

   1 later decision quote this exact passage
   e.g. Veith v. O'BRIEN

3. “the paramount criterion is whether this evidence, irrespective of whether technically expert opinion testimony, relates to facts and opinions arrived at by a physician in treating a patient or whether it represents expert opinion testimony formulated for purposes of issues in pending or anticipated litigation.”

   1 later decision quote this exact passage
   e.g. Hansen v. Central Iowa Hospital Corp.