Abrams v. Herbert’s Empirical Analysis

1991

Citation profile

cited by 22 later decisions

states following

March 2006

most recently cited

22 state decisions

Relationships

Relies on 418 So. 2d 531 - South Central Bell Telephone Co. v. Texaco, Inc. · Rayne State Bank & Trust Co. v. Nat. Union Fire Ins. Co. · 439 So. 2d 437 - Gunter v. Plauche · 432 So. 2d 256 - Chaney v. State Through Dept. of Health · 567 So. 2d 1124 - State v. Christopher

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

“(E)ven as to claims filed within one year from the date of such discovery, in all events such claims shall be filed at the latest within a period of three years from the date of the alleged act, omission, or neglect.”
3 later decisions quote this exact passage
e.g. 725 So. 2d 7 - In re Medical Review Panel of Harris · 715 So. 2d 1249 - In Re Medical Review Panel for Claim of Brown
“[T]he focus is on the reasonableness of the inaction by plaintiff. The rule is whether the cause of action was known or reasonably "knowable" by plaintiff. Prescription does not run only as long as it is reasonable for plaintiff not to recognize that the condition may be related to treatment. When a plaintiff has knowledge of facts strongly suggestive that the untoward condition or result may be the result of improper treatment and there is no effort by the health care providers to mislead or cover up information which is available to plaintiff through inquiry or professional medical or legal advice, then the facts and cause of action are reasonably knowable to plaintiff. Inaction by plaintiff for more than one year under these circumstances is not reasonable.”
2 later decisions quote this exact passage
e.g. Wang v. Broussard · 671 So. 2d 1271 - Chandler v. Highland Clinic
“likely to hinder the patient's inclination to sue.”
2 later decisions quote this exact passage
e.g. In Re Medical Review Panel, Claim of Moses · 892 So. 2d 1261 - Carter v. Haygood

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.