Brzoska v. Olson’s Empirical Analysis
1995
Citation profile
1 federal appellate · 4 district · 32 state decisions
How this case has been cited
Cited by 43 later decisions — most recently May 2017 · most notably 183 Ill. 2d 407 - Majca v. Beekil (1998), 24 Kan. App. 2d 859 - Reynolds v. Highland Manor, Inc. (1998)
1 federal appellate · 4 district · 32 state decisions — followed in 11 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
Applies 42 U.S.C. § 300E
Relies on Matsushita Electric Industrial Co., Ltd. v. Zenith Radio Corporation · 8 Cal. 3d 229 - Cobbs v. Grant · Barrett v. Danbury Hospital · Faya v. Almaraz · Arnold v. Society for Savings Bancorp, Inc.
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 43 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“the consent of a patient to the performance of health care services by a health care provider given after the health care provider has informed the patient, to an extent reasonably comprehensible to general lay understanding, of the nature of the proposed procedure or treatment and of the risks and alternatives to treatment or diagnosis which a reasonable patient would consider material to the decision whether or not to undergo the treatment or diagnosis.”
3 later decisions quote this exact passage“[i]n the malpractice context, informed consent is statutorily defined and requires the patient to demonstrate the health care provider failed to supply information concerning the treatment or procedure “customarily given” by other “licensed health care providers with similar training and/or experience” in the community. In our view, the tort of battery is properly limited in the medical/dental setting to those circumstances in which a health care provider performs a procedure to which the patient has not consented. In other words, “a battery consists of a touching of a substantially different nature and character than that which the patient consented.” A physician may be held liable for battery when he or she obtains the consent of the patient to perform one procedure and the physician instead performs a substantially different procedure for which consent was not obtained. A patient’s consent is not vitiated, however, when the patient is touched in exactly the way he or she consented. If a health care provider violates his or her duty of care in obtaining the consent of the patient by failing to disclose all relevant information (risks) that a reasonable person would deem significant in making a decision to have the procedure, the action should be pleaded in negligence — not battery.”
2 later decisions quote this exact passage““Were we to recognize a claim for the fear of contracting AIDS based upon a mere allegation that one may have been exposed to HIV, totally unsupported by any medical evidence or factual proof, we would open a Pandora’s Box of ‘AIDS-phobia’ claims by individuals whose ignorance, unreasonable suspicion or general paranoia cause them apprehension over the slightest of contact with HIV-infected individuals or objects. Such plaintiffs would recover for their fear of AIDS, no matter how irrational.” Brzoska, 668 A.2d at 1363 .”
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.