Ogden v. Gallagher’s Empirical Analysis

Citation profile

4 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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “In determining whether a patient had knowledge of a negligent course of medical treatment which would commence the running of the two year statute, this Court adopts an objective test, i.e. the reasonably prudent person. However, we also hold that there shall be a presumption that a patient who actually consults with an independent health care provider about the same condition which is subsequently the subject matter of an alleged negligent medical continuum knew or in the exercise of reasonable diligence could have known about the prior negligent course of conduct on date of the consultation with the independent health care provider.”

   2 later decisions quote this exact passage
   e.g. Bissell v. Papastavros' Associates Medical Imaging · Smith v. Wallace

2. “The Ewing rule requires a two-part inquiry: (1) what is the date upon which the plaintiff had actual or constructive knowledge of the negligent course of treatment and; [sic] (2) what is the date of the “last act” in the negligent continuum immediately prior to the date that the patient received knowledge, actual or constructive, of the negligent course of treatment.”

   1 later decision quote this exact passage
   e.g. Bissell v. Papastavros' Associates Medical Imaging