Atterholt v. Herbst’s Empirical Analysis
2009
Citation profile
1 federal appellate · 16 state decisions
How this case has been cited
Cited by 19 later decisions — most recently February 2021
1 federal appellate · 16 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 Johnson v. St. Vincent Hospital, Inc. · Cahoon v. Cummings · Mayhue v. Sparkman · Dillon v. Glover · Lean v. Reed
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 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“when a claimant seeks excess damages from the Patient's Compensation Fund after obtaining a judgment or settlement from a health care provider in a medical malpractice case, the Fund may introduce evidence of the claimant's preexisting risk of harm if it is relevant to establish the amount of damages, even if it is also relevant to liability issues that are foreclosed by the judgment or settlement.”
2 later decisions quote this exact passage“The Medical Malpractice Act does not define “liability.” However, the Act provides that undefined legal terms have the meaning consistent with the common law. [Ind.Code] § 34-18-2-2. According to Black’s Law Dictionary (8th ed. 2004), liability is the “quality or state of being legally obligated or accountable.””
1 later decision quote this exact passage“... the court shall ... determine the amount of claimant’s damages, if any, in excess of the two hundred fifty thousand dollars ($250,000) already paid by the insurer of the health care provider. The court shall determine the amount for which the fund is liable and make a finding and judgment accordingly.”
1 later decision 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.