Sutphin v. Platt’s Empirical Analysis

Citation profile

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

1. “(a) In a medical malpractice action, the claimant shall have the burden of proving by evidence as provided in subsection (b): (1)The recognized standard of acceptable professional practice in the profession and the specialty thereof, if any, that the defendant practices in the community in which the defendant practices or in a similar community at the time the alleged injury or wrongful action occurred; (2) That the defendant acted with less than or failed to act with ordinary and reasonable care in accordance with such standard; and (3) As a proximate result of the defendant’s negligent act or omission, the plaintiff suffered injuries which would not otherwise have occurred. (b) No person in a health care profession requiring licensure under the laws of this state shall be competent to testify in any court of law to establish the facts required to be established by subsection (a), unless the person was licensed to practice in the state or a contiguous bordering state a profession or specialty which would make the person’s expert testimony relevant to the issues in the case and had practiced this profession or specialty in one (1) of these states during the year preceding the date that the alleged injury or wrongful act occurred.”

   2 later decisions quote this exact passage
   e.g. 749 F. Supp. 169 - Ralph Ex Rel. Ralph v. Nagy · Brenda Griffith, next of kin of Decedent, Bob Griffith v. Dr. Stephen Goryl and Upper Cumberland Urology Associates, P.C.

2. “evolved out of a recognition that medical customs or practices varied depending on the particular area in which the physician practiced.... Traditionally, the relevant geographic area was strictly defined. The plaintiff was required to introduce evidence concerning the standard of care in the strict locality where the defendant worked. ... However, in light of a modern trend towards the national standardization of medical practices, especially in specialties, courts and legislatures have gradually expanded the relevant geo-, graphic area for proving the medical standard of care_ Indeed, the Tennessee Legislature has adopted a somewhat broadened definition of the geographic component to the medical standard of care, requiring proof of “[t]he recognized standard of acceptable professional practice ... in the community in which [the defendant] practices or in a similar community....” T.C.A. § 29-26-115(a)(l).”

   2 later decisions quote this exact passage
   e.g. Robinson v. LeCorps · Ledford v. Moskowitz

3. “In our opinion, any doubt as to the constitutionality of T.C.A. § 29-26-115(b) was laid to rest by a provision within the statute itself. The act vests the trial judge with the authority to waive the contiguous state limitation upon a proper showing that an appropriate witness would not otherwise be available. The statute, therefore, contains a “safety valve” for those situations in which a party is unable to locate a qualified expert within this state or one of our bordering states.”

   1 later decision quote this exact passage
   e.g. 749 F. Supp. 169 - Ralph Ex Rel. Ralph v. Nagy