Sharsmith v. Hill’s Empirical Analysis
1988
Citation profile
4 district · 22 state decisions
How this case has been cited
Cited by 26 later decisions — most recently November 2017 · most notably St. Luke's Episcopal Hospital v. Agbor (1997), 68 Ohio St. 3d 435 - Clark v. Southview Hospital & Family Health Center (1994)
4 district · 22 state decisions — followed in 10 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
Relies on 33 Ill. 2d 326 - Darling v. Charleston Community Memorial Hospital · Costello v. United States · 106 Ill. App. 3d 734 - Pickle v. Curns · Williams v. Elias · Fridena v. Evans
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 26 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[t]he [ostensible or apparent agency] rule has been stated in the following terms: `Where a hospital holds itself out to the public as providing a given service, ... and where the hospital enters into a contractual arrangement with one or more physicians to direct and provide the service, and where the patient engages the services of the hospital without regard to the identity of a particular physician and where as a matter of fact the patient is relying upon the hospital to deliver the desired health care and treatment, the doctrine of respondeat superior applies and the hospital is vicariously liable for damages proximately resulting from the neglect, if any, of such physicians.'”
2 later decisions quote this exact passage“it was Dr. Feagin's adherence to Dr. Fo-garty's diagnosis which dictated the nature and duration of appellant's treatment.... Until the alleged misdiagnosis was corrected, or until Dr. Feagin ceased to rely upon it, Dr. Fogarty's constructive involvement in that treatment was sufficient to constitute the requisite assistance or association and prevent the running of the statute of limitations.”
1 later decision quote this exact passage“[The ostensible or apparent agent] theory of liability, which has gained widespread acceptance, stems from judicial recognition that hospitals are `corporate entities capable of acting only through human beings whose services the hospital engages' and that hospitals derive financial profit by holding `themselves out to the public as offering and rendering quality health care services.'”
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.