Perna v. Pirozzi’s Empirical Analysis
1983
Citation profile
8 federal appellate · 8 district · 126 state decisions
How this case has been cited
Cited by 154 later decisions — most recently September 2020 · most notably Matter of Conroy (1985), 36 Cal. 3d 359 - American Bank & Trust Co. v. Community Hospital (1984)
8 federal appellate · 8 district · 126 state decisions — followed in 12 states
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 Phelps Dodge Corp. v. AFL-CIO Joint Negotiating Committee · Schloendorff v. Society of the New York Hospital · Canterbury v. Spence · Busik v. Levine · Right to Choose v. Byrne
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 154 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[i]f an operation is properly performed, albeit by a surgeon operating without the consent of the patient, and the patient suffers no injuries except those which foreseeably follow from the operation, then a jury could find the substitution of surgeons did not cause any compensable injury. Even there, however, a jury could award damages for mental anguish resulting from the belated knowledge that the operation was performed by a doctor to whom the patient had not given consent. Furthermore, because battery connotes an intentional invasion of another's rights, punitive damages may be assessed in an appropriate case. Blackmore v. Ellis, 70 N.J.L. 264, 265 [ 57 A. 1047 ] (E. & A. 1904); Tiberi v. Petrella, 60 N.J. Super. 513, 518 [ 159 A. 2d 439 ] (App.Div. 1960); Kinikin v. Heupel, 305 N.W. 2d 589, 593 (Minn. 1981).”
9 later decisions quote this exact passage · from the majority“[i]nformed consent is a negligence concept predicated on the duty of a physician to disclose to a patient information that will enable him to `evaluate knowledgeably the options available and the risks attendant upon each' before subjecting that patient to a course of treatment”
5 later decisions quote this exact passage · from the majority“[a]bsent an emergency, patients have the right to determine not only whether the surgery is to be performed on them, but who shall perform it. A surgeon who operates without the patient’s consent engages in the unauthorized touching of another and, thus, commits a battery.”
5 later decisions quote this exact passage · from the majority
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.