McKinley v. Stripling’s Empirical Analysis

Citation profile

4 federal appellate · 42 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 50 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “In a suit against a physician or health care provider involving a health care liability claim that is based on the failure of the physician or health care provider to disclose or adequately to disclose the risks and hazards involved in the medical care or surgical procedure rendered by the physician or health care provider, the only theory on which recovery may be obtained is that of negligence in failing to disclose the risks or hazards that could have influenced a reasonable person in making a decision to give or withhold consent.”

   5 later decisions quote this exact passage · from the dissent
   e.g. Hollis v. United States · Greene v. Thiet

2. “1. That the physician or health care provider failed to disclose a risk or hazard of the procedure; 2. That the risk or hazard not disclosed was inherent in the procedure; 3. That the risk or hazard was material in the sense of one which could influence a reasonable person in making a decision to give or withhold consent to the procedure; 4. That the patient actually developed the risk or hazard not disclosed; and 5. That the failure to disclose the risk or hazard was a proximate cause of injury to the patient.”

   1 later decision quote this exact passage · from the dissent
   e.g. Jacobo v. Binur