Demers v. Gerety’s Empirical Analysis

Citation profile

2 district · 10 state decisions

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.

1. “"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 passage · from the concurrence
   e.g. Demers v. Gerety

2. “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.”

   1 later decision quote this exact passage · from the concurrence
   e.g. Demers v. Gerety

3. “... Since there was no expert testimony, there was no issue as to causation and the trial court incorrectly denied defendant's motion to direct a verdict on the issue of negligent surgery. We must therefore reverse.”

   1 later decision quote this exact passage
   e.g. Demers v. Gerety