Public-domain · open source
OpenJurist
← 45 AD2D 230 - Ziemba v. Sternberg

Ziemba v. Sternberg’s Empirical Analysis

1974

Citation profile

14
cited by 14 later decisions
7
states following
May 1991
most recently cited

2 federal appellate · 9 state decisions

How this case has been cited

Cited by 14 later decisions — most recently May 1991

2 federal appellate · 9 state decisions

70197419801990decided

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 Roe v. Wade · Doe v. Bolton · 9 E.H. Smith 201 - Pike v. . Honsinger · Robins v. Finestone · Stone v. Freeman

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

  1. “... we cannot agree with the conclusion of the dissenting justice that, since a legal abortion was still available to plaintiff wife at the time her pregnancy was discovered, her failure then to avail herself of that alternative should bar her present claim for damages. The right to have an abortion may not be automatically converted to an obligation to have one. The decision whether or not to undertake that medical procedure must rest on a number of factors, including the stage to which pregnancy has progressed, the health and condition of the woman at that time and the professional judgment and counsel received. This being the case, the question whether the option of abortion at four or four and a half months of pregnancy was one which plaintiff wife should have elected cannot be determined at this stage of the litigation; she must have an opportunity to establish the relevant circumstances, including the medical information and advice she received as to the dangers of an abortion performed then, as contrasted to an earlier abortion had her pregnancy been properly diagnosed by defendant. When, as here, it is asserted that, as one of the consequences of defendant physician's lack of reasonable care, plaintiff was not advised of her pregnancy so that she could terminate it within a reasonable time, as she was entitled to do, and was advised by another physician when the pregnancy was discovered by him as to the danger involved in an abortion at that time, we believe the damag”
    1 later decision quote this exact passage
  2. “The right to have an abortion may not be automatically converted to an obligation to have one.”
    1 later decision quote this exact passage
  3. “should operate to bar her present claim for damages”
    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.