Saultz v. Funk’s Empirical Analysis

Citation profile

3 federal appellate · 13 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 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Generally, the discovery rule favors the patient by extending commencement of the statutory period until he discovers or should discover the malpractice, thus reducing the possibility that a valid claim will be lost. Where the injury is discovered during a continuing course of treatment, however, to require the patient to sue may be seen as destroying the mutual confidence in the physician-patient relationship. [Citation omitted.] ‘Such a requirement would place the patient in the unacceptable situation of deciding whether to continue the ongoing treatment and thus risk the chance of forfeiting his right to bring suit at a later date, or terminate the relationship, and, perhaps, deny the physician the opportunity of correcting his error.’* * *””

   1 later decision quote this exact passage
   e.g. 29 Ohio App. 3d 261 - Vail v. Townsend

2. ““(A) An action for* * * malpractice, including an action for malpractice against a physician, *** shall be brought within one year after the cause thereof accrued* * *. “If a written notice, prior to the expiration of time contained in this division, is given to any person in a medical claim that an individual is presently considering bringing an action against that person relating to professional services provided to that individual, then an action by that individual against that person may be commenced at any time within one hundred eighty days after that notice is given.””

   1 later decision quote this exact passage
   e.g. 65 Ohio App. 2d 165 - Glenboski v. St. Alexis Hospital