67 Md. App. 522 - Hetrick v. Weimer’s Empirical Analysis
1986
Citation profile
4 federal appellate · 4 district · 10 state decisions
How this case has been cited
Cited by 22 later decisions — most recently July 2022
4 federal appellate · 4 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 J. Gordon Turnbull, Inc. v. Commissioner · King v. Bankerd · Detenber v. American Universal Insurance Co · Cooper v. Sisters of Charity of Cincinnati, Inc. · Hicks v. United States
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.
““To hold Dr. Weimer liable, the plaintiffs have to show that his conduct was clearly not recognizable as medically acceptable. And no pediatrician is chargeable with the results of his efforts if he has applied the degree of skill ordinarily required to be expected of a pediatrician in the performance of the services required. And you have to keep in mind the circumstances as they existed at the time of the treatment and the nature and complexity of the medical problems facing the pediatrician at that time. If you find that Dr. Weimer, under those circumstances as they then existed rather than by hindsight, exercised that reasonable degree of care and skill, then you must find in favor of the doctor. Now plaintiffs need only prove the most likely cause of the baby’s death in addition to everything else that I’ve said. The plaintiffs are not required to negate or exclude every other possible cause. However, if there are two or more causes, either of which could have resulted in the baby’s death, one of which for which the pediatrician is responsible, and the others for which he is not, then the plaintiffs have to prove by evidence more likely so than not that the acts for which the pediatrician is responsible in fact caused the baby’s death. Now there I’ve used that phrase by evidence more likely so than not. Take the example in this case, and it is strictly an example, and I don’t mean to infer that these are the facts. Again, I’m only doing this to clarify what I’ve just sai”
2 later decisions quote this exact passage“[a]ppellant's theory of the case--that [the physician] is liable if his negligent failure to ventilate [the infant] in a proper manner deprived the infant of a substantial possibility of surviving--is unquestionably a correct exposition of the law.”
2 later decisions quote this exact passage“Therefore, we make explicit that under the law of this circuit, and in particular of the State of Maryland, the loss of a substantial chance of survival is a cognizable harm. 32 By recognizing such a harm, we do not contradict our long-held rules on causation. The law of this circuit, and of the State of Maryland, has traditionally required a strict showing of causation in order to impose damages in medical malpractice cases. Speculation and conjecture are not enough. Instead, the plaintiff must submit proof that the injury complained of was”
1 later decision 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.