20 Ohio App. 3d 203 - In Re Decker’s Empirical Analysis

Citation profile

9 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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The rationale for excluding material evidence offered by a treating physician is to encourage open disclosure by the patient to the doctor in order to facilitate proper diagnosis and treatment. * * * The crucial prerequisite for creation of the privilege is the voluntary consultation by the patient. This must be present to create the privilege in the patient, for if the patient is not voluntarily seeking help, then the underlying rationale for the privilege is not present, ie., the promotion of free and full discourse between physician and patient. Thus, there is no reason to exclude the relevant and material testimony of such physician. “Based on this concept, claim is made that the confidential relationships arose from the reunification plan. However, such was not the testimony of those whose testimony was challenged, it appearing that their association with the parents had other and earlier beginnings and was based on other considerations. Moreover, though from a close examination of the reunification plan it appears that it contemplates that the parents will participate in ‘mental health counseling,’ it does not appear that it contemplates that they will submit to testing, observation and examination to provide expert testimony as to their respective mental conditions.” (Citations omitted.) In re Decker (1984), 20 Ohio App.3d 203, 204 , 20 OBR 248, 249-250, 485 N.E.2d 751, 752-753 .”

   1 later decision quote this exact passage
   e.g. 98 Ohio App. 3d 337 - In Re Brown