Dries v. Gregor’s Empirical Analysis

Citation profile

2 district · 12 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 21 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The theory of lack of informed consent in medical malpractice actions presents conceptual difficulties arising from the awkward mixture of assault and battery in a suit based upon negligence. A brief look at their ancestry clarifies their differences. Assault and battery is a descendant of the early English common-law action of trespass. Negligence, on the other hand, traces its ancestry back to another ancient common-law writ titled an action of trespass on the case. Originally they were related to each other. The older action of trespass developed new variations which became separate forms of action. One variety was “upon a special case” or, later, simply "trespass on the case.” (Plucknett, A Concise History of the Common Law [2d ed.], pp. 335, 336.). Trespass was the remedy for direct injuries and trespass on the case for indirect injuries. These common-law actions have now been abandoned in modern practice, particularly the artificial classification of injuries as direct or indirect. The law today looks instead to the intent of the wrongdoer or to his negligence. In their evolution the action of trespass remained as the remedy for all intentional wrongs and action on the case was extended to include injuries which were not intended but were merely negligently inflicted (Prosser, Law of Torts [4th ed.], § 7, p. 28). Trespass on the case ... had become distinct from trespass by 1390, and as early as the 16th century had evolved as the remedy for libel and slander, negligenc”

   1 later decision quote this exact passage · from the majority
   e.g. McQuitty v. Spangler

2. “From a practical standpoint, the conduct of the parties should be measured by a negligence analysis in both “informed consent” and “negligent” malpractice actions.”

   1 later decision quote this exact passage · from the majority
   e.g. McQuitty v. Spangler