105 Misc. 2d 603 - Prooth v. Wallsh’s Empirical Analysis
1980
Citation profile
2 federal appellate · 2 district · 15 state decisions
How this case has been cited
Cited by 21 later decisions — most recently May 2025
2 federal appellate · 2 district · 15 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.
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 21 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[a] patient’s personal physician bears the responsibility to assure the welfare of his patient in all phases of his treatment. Such treatment must, of necessity, include diagnosis and the prescription of a course of treatment by others, such as specialists .... [I]f [the treating physician] refers his patient to another physician and retains a degree of participation, by way of control, consultation or otherwise, his responsibility continues to properly advise his patient with respect to the treatment to be performed by the referred physician.”
2 later decisions quote this exact passage · from the majority“The primary duty of a consulting physician is to advise and make recommendations to the treating physician himself who may then, with full knowledge of the patient’s history and other conditions, make the ultimate decision as to the information that should be given to the patient.”
2 later decisions quote this exact passage · from the majority“[T]he relationship between the physician and his patient "is always one of great delicacy. And it is perhaps the most delicate matter, often with fluctuating indications, from time to time with the same patient, whether a physician should advise the patient (or his family), more or less, about a proposed procedure, the gruesome details, and the available alternatives. Such a decision is particularly one calling for the exercise of medical judgment. * * * In the exercise of that discretion, involving as it does grave risks to the patient, a third party should not ordinarily meddle" (Fiorentino v Wenger, 19 NY2d 407, 415-416 )[, 227 N.E.2d 296 , 280 N.Y.S.2d 373 (1967)]. . . . Any other rule is inherently impossible under the circumstances.”
1 later decision 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.