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← 921 So. 2d 128 - Broussard v. Andersson

921 So. 2d 128 - Broussard v. Andersson’s Empirical Analysis

2005

Citation profile

5
cited by 5 later decisions
1
states following
April 2018
most recently cited

1 federal appellate · 4 state decisions

Relationships

Relies on 643 So. 2d 1228 - Pfiffner v. Correa · 870 So. 2d 1044 - Williams v. Memorial Medical Center · 817 So. 2d 1224 - Williams v. Metro Home Health Care Agency, Inc. · Williams v. Memorial Medical Center · Jackson v. STATE THROUGH CHARITY HOSP.

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

  1. “(1) The degree of knowledge or skill possessed or the degree of care ordinarily exercised by physicians . . . licensed to practice in the state of Louisiana and actively practicing in a similar community or locale and under similar circumstances; and where the defendant practices in a particular specialty and where the alleged acts of medical negligence raise issues peculiar to the particular medical specialty involved, then the plaintiff has the burden of proving the degree of care ordinarily practiced by physicians . . . within the involved medical specialty. (2) That the defendant either 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. (3) That as a proximate result of this lack of knowledge or skill or the failure to exercise this degree of care the plaintiff suffered injuries that would not otherwise have been incurred.”
    3 later decisions quote this exact passage
  2. “[t]o determine whether a physician possesses the requisite degree of knowledge or skill or whether he exercised reasonable care or diligence, the court is guided by expert witnesses who are members of the medical profession. . . .”
    2 later decisions quote this exact passage
  3. “[w]here the alleged acts of negligence raise issues peculiar to the particular specialty involved, then only physicians in that specialty may offer evidence of the applicable standard of care.”
    2 later decisions 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.