58 N.C. App. 546 - Nelson v. Patrick’s Empirical Analysis
1982
Citation profile
20 state decisions
How this case has been cited
Cited by 25 later decisions — most recently July 2015 · most notably Williams v. Lee Way Motor Freight, Inc. (1984), 114 N.C. App. 297 - Clark v. Perry (1994)
20 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Hunt v. Bradshaw · Watson v. Clutts · Steel Creek Development Corp. v. Smith · Starnes v. Taylor · Kennedy v. Parrott
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 25 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Where a medical procedure is completely unauthorized, it constitutes an assault and battery, i.e., trespass to the person. .. .If, however, the procedure is authorized, but the patient claims a failure to disclose the risks involved, the cause of action is bottomed on negligence. Defendants’ failure to make a proper disclosure is in the nature of malpractice (negligence) ....”
2 later decisions quote this exact passage · from the concurrence“Subsection (a)(2) establishes an objective standard to determine whether the patient would have obtained a general understanding of the procedures or treatments contemplated and of the usual and most frequent risks and hazards inherent in them.”
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.