Davis v. Atchison’s Empirical Analysis
2003
Citation profile
12 state decisions
Relationships
Relies on 755 So. 2d 226 - Independent Fire Ins. Co. v. Sunbeam Corp. · 643 So. 2d 1228 - Pfiffner v. Correa · 817 So. 2d 21 - Racine v. Moon's Towing · 774 So. 2d 1134 - Hinson v. Glen Oak Retirement Home · 715 So. 2d 108 - Orea v. Brannan
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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“In a medical malpractice action, the plaintiff must prove the applicable standard of care, that the physician lacked this degree of knowledge or skill or failed to use reasonable care and diligence, along with his best judgment in the application of that skill, and the causal connection between the breach and the resulting injury. Generally at trial, a plaintiff must prove the applicable standard of care through expert medical testimony unless, "the physician does an obviously careless act ... from which a lay person can infer negligence." Opinions from medical professionals are necessary for the determination of the applicable standard of care and whether or not that standard was breached. Expert testimony is especially necessary where the defendant in a medical malpractice action has filed a motion for summary judgment supported by expert opinion evidence that his treatment met the applicable standard of care.”
1 later decision quote this exact passagee.g. Butler v. DePuy“to produce factual support sufficient to establish that [they] will be able to satisfy [their] evidentiary burden at trial.”
1 later decision quote this exact passage“to secure the just, speedy, and inexpensive determination of every action....”
1 later decision quote this exact passagee.g. Butler v. DePuy
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.