Houserman v. Garrett’s Empirical Analysis

Citation profile

3 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 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The presence of the retained object is prima facie evidence of negligence by the surgeon in carrying out that responsibility. The presence of the retained objected does not, however, establish negligence per se. Rather, it serves to shift the burden to the defendant surgeon to show that he or she was not negligent because he or she fully complied with the statutorily defined standard of care.... If, after the plaintiff offers prima facie evidence of negligence by a showing that a foreign object was retained in the body after surgery and the burden of proof shifts to the surgeon, the standard of care is clearly established by expert testimony and there is substantial evidence indicating that the surgeon complied "with all components of that standard of care, a jury question is presented as to whether the surgeon was in fact negligent.””

   1 later decision quote this exact passage
   e.g. 32 So. 3d 1247 - Ivy v. Carraway

2. “`[t]he presence of [a] retained object is prima facie evidence of negligence by the surgeon in carrying out that responsibility.'”

   1 later decision quote this exact passage
   e.g. Sorrell v. King

3. “`to remove before closing the incision all foreign objects due to be removed'”

   1 later decision quote this exact passage
   e.g. Sorrell v. King