Henderson v. Milobsky’s Empirical Analysis
595 F.2d 654 · 1978
Citation profile
7 federal appellate · 2 district · 10 state decisions
How this case has been cited
Cited by 22 later decisions — most recently April 2011
7 federal appellate · 2 district · 10 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 Faretta v. California · Illinois v. Allen · Ohio v. Gallagher · Phelps Dodge Corp. v. AFL-CIO Joint Negotiating Committee · In re Disbarment of Allison
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.
“Moving now to the risk of permanent paresthesia, we agree completely with the District Court that the facts shown by the evidence, viewed with maximum favor to appellant, did not generate a duty to disclose. We held in Canterbury that the obligation to inform the patient of appreciable risks depends on the need for the treatment, the likelihood that injury will occur, and the seriousness of any injury that could follow. The only evidence on the incidence of the risk in this case came from appellee, who testified that he had encountered only three to five cases of paresthesia — all of which were temporary — in more than 100,000 extractions. Thus, the evidence before the jury could indicate at most that temporary paresthesia would occur no more than .005% of the time — one chance in 20,000 — and that permanent paresthesia could be expected in less than one case in 100,000 — or no more than .001% of the time. Moreover, the injury risked here— loss of sensation in a small section of the face — is undoubtedly troublesome but hardly disabling. Canterbury, by contrast, involved a one percent chance of very serious consequential harm. We agree with the District Court that, on the speculative evidence adduced, no prudent juror could reasonably have considered the risk of permanent paresthesia material to a decision on whether to consent to the procedure, and no allegation has been made that appellee had reason to know of any special desire on his patient’s part to have a greater-than-”
1 later decision quote this exact passage · from the majority“We can hypothesize no more telling evidence of what he would have done ....”
1 later decision quote this exact passage · from the majoritye.g. Hartke v. McKelway
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.