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← 772 So. 2d 331 - Ceasar v. Barry

772 So. 2d 331 - Ceasar v. Barry’s Empirical Analysis

2000

Citation profile

3
cited by 3 later decisions
1
states following
February 2005
most recently cited

3 state decisions

Relationships

Relies on 561 So. 2d 1371 - Stuka v. Fleming · 576 So. 2d 470 - Koslowski v. Sanchez · 648 So. 2d 879 - Russo v. Vasquez · 699 So. 2d 1117 - Taylor v. Tulane University of Louisiana · State v. Clements

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 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “Adam and Elvia Ceasar filed suit against Dr. Richard Barry, his insurer, Physicians National Risk Retention Group (PNRRG), and Lake Charles Memorial Hospital for alleged malpractice in the prenatal care provided to Elvia and in the delivery and birth of their minor son, Adam Ceasar, Jr. During the course of the litigation, the plaintiffs and PNRRG, which is in receivership, entered into a settlement agreement for $100,000; the agreement was approved by the bankruptcy court. The district court also approved the settlement and found that pursuant to La.R.S. 40:1299.44, liability was admitted and established, thereby precluding the Louisiana Patients' Compensation Fund from contesting that issue in a subsequent proceeding for damages in excess of $100,000. The Fund appeal[ed] that judgment, arguing that because of the insurer's bankruptcy, the plaintiffs [were] unlikely to receive the full amount of the settlement, and the provisions of La.R.S. 40:1299.44 [were], therefore, not met.”
    1 later decision quote this exact passage
  2. “Elvia Ceasar sought prenatal care from Dr. [Richard] Barry in 1986. She was both diabetic and obese; the Ceasars contend that Dr. Barry did not treat these conditions, nor did he foresee the complications they would cause in the development and birth of the baby. Dr. Barry was the attending physician when Elvia went into labor on May 15, 1987. The delivery was difficult and complicated, requiring the use of forceps. The baby weighed eleven pounds at birth and had unusually large shoulders; he was diagnosed with dystocia and Erb-Klumpke Palsy, allegedly the results of the traumatic delivery. The plaintiffs also suggest that the child's recently diagnosed learning disability may be the result of birth trauma also.”
    1 later decision quote this exact passage · from the dissent

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.