Demers v. Gerety’s Empirical Analysis
1973
Citation profile
20 state decisions
How this case has been cited
Cited by 20 later decisions — most recently June 1997
20 state decisions
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 8 Cal. 3d 229 - Cobbs v. Grant · Schloendorff v. Society of the New York Hospital · Canterbury v. Spence · Tapia v. Panhandle Steel Erectors Company · Woods v. Brumlop
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 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The defendant proceeded to perform an operation upon him and in so doing failed to possess and apply the knowledge and use the skill and care which would be used by reasonably well qualified specialists in the same field practicing under the same circumstances.”
3 later decisions quote this exact passagee.g. Demers v. Gerety · Demers v. Gerety“[P]hysician-patient relationship is a fiduciary one.”
2 later decisions quote this exact passage“"The Plaintiff claims that he sustained damages and that the proximate cause thereof was the following claimed act of malpractice: The Defendant performed an operation upon the Plaintiff without first obtaining a legal consent. The Plaintiff has the burden of proving that he sustained damage and that the claimed act was the proximate cause thereof. The Defendant denies the Plaintiff's claim. If you find that Plaintiff has proved the claim required of him, then your verdict should be for the Plaintiff. If on the other hand, you find that the claim required to be proved by Plaintiff has not been proven, then your verdict should be for the Defendant.”
1 later decision quote this exact passagee.g. Demers v. Gerety
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.