40 Cal. 3d 424 - Waters v. Bourhis’s Empirical Analysis
1985
Citation profile
8 federal appellate · 79 state decisions
How this case has been cited
Cited by 93 later decisions — most recently February 2022 · most notably 48 Cal. 3d 583 - Marlene F. v. Affiliated Psychiatric Medical Clinic, Inc. (1989), 20 Cal. 4th 23 - Delaney v. Baker (1999)
8 federal appellate · 79 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.
Relationships
Relies on 17 Cal. 3d 425 - Tarasoff v. Regents of University of California · 22 Cal. 3d 865 - Clemmer v. Hartford Insurance Co. · 34 Cal. 3d 695 - Hedlund v. Superior Court · Zipkin v. Freeman · 164 Ga. App. 215 - St. Paul Fire & Marine Insurance v. Mitchell
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 93 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"Defendant argues that because sexual misconduct by a psychiatrist toward a patient has long been a basis for disciplinary action by the states licensing agency ... any cause of action which is based on such misconduct falls within the proviso, as a restriction imposed by the licensing agency. In our view, this contention clearly misconceives the purpose and scope of the proviso which obviously was not intended to exclude an action from section 6146or the rest of MICRAsimply because a health care provider acts contrary to professional standards or engages in one of the many specified instances of unprofessional conduct. Instead, it was simply intended to render MICRA inapplicable when a provider operates in a capacity for which he is not licensedfor example, when a psychologist performs heart surgery." ( Waters v. Bourhis (1985) 40 Cal.3d 424, 435-436 , 220 Cal.Rptr. 666 , 709 P.2d 469 .)”
1 later decision quote this exact passage“In such a case, the psychiatrist has breached both the duty imposed on everyone to refrain from intentionally injuring another and the special duty that a psychiatrist owes to his patient to use due care for the patient's health in the conduct of the therapist-patient relationship.”
1 later decision quote this exact passage“even an act which is 'intentional' or 'willful' within the meaning of traditional tort principles will not exonerate the insurer from liability under [s] 533 unless it is done with a 'preconceived design to inflict injury.'”
1 later decision 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.