Scott v. Bradford’s Empirical Analysis
1979
Citation profile
13 federal appellate · 42 state decisions
How this case has been cited
Cited by 62 later decisions — most recently January 2019 · most notably Harnish v. Children's Hospital Medical Center (1982), No. 01-5098 (2003)
13 federal appellate · 42 state decisions — followed in 18 states
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 Phelps Dodge Corp. v. AFL-CIO Joint Negotiating Committee · 8 Cal. 3d 229 - Cobbs v. Grant · Canterbury v. Spence · Wilkinson v. Vesey · Natanson v. Kline
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 62 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“a cause of action sounding in negligence”
3 later decisions quote this exact passage“Although the Canterbury rule is probably that of the majority, its “reasonable man” approach has been criticized by some commentators as backtracking on its own theory of self-determination. The Canterbury view certainly severely limits the protection granted an injured patient. To the extent the plaintiff, given an adequate disclosure, would have declined the proposed treatment, and a reasonable person in similar circumstances would have consented, a patient’s right of self-determination is irrevocably lost. This basic right to know and decide is the reason for the full-disclosure rule. Accordingly, we decline to jeopardize this right by the imposition of the “reasonable man” standard.”
2 later decisions quote this exact passage““The doctrine imposes a duty on a physician to inform a patient of his options and their attendant risks. If a physician breaches this duty, patient’s consent is defective, and physician is responsible for the consequences.””
2 later decisions 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.