Public-domain · open source
OpenJurist
← 849 SO2D 56 - Perritt v. Dona

Perritt v. Dona’s Empirical Analysis

2003

Citation profile

30
cited by 30 later decisions
1
states following
June 2019
most recently cited

30 state decisions

Relationships

Relies on 616 So. 2d 1234 - Everything on Wheels Subaru, Inc. v. Subaru South, Inc. · 643 So. 2d 1228 - Pfiffner v. Correa · 310 So. 2d 93 - Hero Lands Company v. Texaco, Inc. · 828 So. 2d 502 - Campo v. Correa · 359 So. 2d 1256 - Everett v. Goldman

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

  1. “A health care provider, against whom a claim has been filed under the provisions of this Part, may raise any exception or defenses available pursuant to R.S. 9:5628 in a court of competent jurisdiction and proper venue at any time without need for completion of the review process by the medical review panel.”
    3 later decisions quote this exact passage
  2. “is not required to be a fact pleading with the specificity that may be required of a petition in a lawsuit; rather, the claim need only present sufficient information for the panel to make a determination as to whether the defendant is entitled to the protection of the Act.”
    3 later decisions quote this exact passage
  3. “Likewise, the material fact allegations necessary for the malpractice complaint that commences the medical review panel proceedings must be sufficient for the expert panel to draw their conclusions regarding the applicable standard of care and whether a breach of that standard occurred. The material fact allegations should state, in laymen's terms, the health care provider's action or inaction and the claimant's injury that would not otherwise have been incurred. Factual allegations of this nature thus satisfy the requirement in LSA-R.S. 40:1299.47(G)(1) and (2) that the expert panel's conclusion be drawn from "the applicable standard of care as charged in the complaint." LSA-R.S. 40:1299.47(G).”
    2 later decisions 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.