Priest v. Lindig’s Empirical Analysis
1978
Citation profile
2 district · 11 state decisions
How this case has been cited
Cited by 18 later decisions — most recently June 2023
2 district · 11 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 17 Cal. 3d 399 - Landeros v. Flood · Love v. State · Christy v. Saliterman · 72 Wash. 2d 73 - Pederson v. Dumouchel · Shilkret v. Annapolis Emergency Hospital Ass'n
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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(a) In a malpractice action based on the negligence or willful misconduct of a health care provider, the plaintiff has the burden of proving by a preponderance of the evidence (1) the degree of knowledge or skill possessed or the degree of care ordinarily exercised under the circumstances, at the time of the act complained of, by health care providers in the field or specialty in which the defendant is practicing; (2) that the defendant either lacked this degree of knowledge or skill or failed to exercise this degree of care; and (3) that as a proximate result of this lack of knowledge or skill or the failure to exercise this degree of care the plaintiff suffered injuries that would not otherwise have been incurred. (b) In malpractice actions there is no presumption of negligence on the part of the defendant. (§ 1 ch. 49 SLA 1967; am § 34 ch. 102 SLA 1976).”
2 later decisions quote this exact passage“[tlhe jury shall be ... instructed that injury alone does not raise a presumption of the health care provider's negligence or misconduct.”
1 later decision quote this exact passage“astronomically high malpractice insurance rates.”
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.