Lection v. Dyll’s Empirical Analysis

Citation profile

17 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 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The summary judgment record contains evidence that [the on-call physician] diagnosed Lection’s condition, told [the emergency room physician] that no other treatment was necessary, and assured [the emergency room physician] that it was “all right” for her to have left the hospital. These statements constitute an evaluation of the information provided and a medical decision concerning Lection’s need for treatment and admission to the hospital and thus are “affirmative acts” towards Lection’s treatment. (citation omitted) We conclude the summary judgment evidence does not conclusively establish that [the on-call physician] made no affirmative acts of treatment toward Lection.”

   1 later decision quote this exact passage · from the majority
   e.g. Majzoub v. Appling

2. “If ... no prior relationship exists between physician and patient, an on-call physician may assume a duty to the patient if he takes some affirmative action to treat the patient.”) (internal citations omitted) (emphasis in original). . See, e.g., Ortiz, 905 S.W.2d at 611 (”

   1 later decision quote this exact passage · from the majority
   e.g. Doe 30's Mother v. Bradley