Rogers v. Okin’s Empirical Analysis

Citation profile

26 federal appellate · 7 district · 15 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 61 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Anti-psychotic drugs are chemical agents used to manage and treat serious mental illness. They are also referred to as neuroleptic drugs and psychotropic drugs.... In general, the drugs influence chemical transmissions to the brain, affecting both activatory and inhibitory functions. Because the drugs’ purpose is to reduce the level of psychotic thinking, it is virtually undisputed that they are mind-altering. Foremost among the possible side effects of anti-psychotic drugs is tardive dyskinesia. Tardive dyskinesia is a neurological side effect which may appear after prolonged use of anti-psychotic drug treatment. The disease is the outcome of a complex patient-drug interaction which is not currently well understood. The overt symptoms of tardive dyskinesia include certain involuntary motor movements, particularly of the face, lips, and tongue. Tardive dyskinesia can also cause the involuntary movement of fingers, hands, legs and the pelvic area. In its most progressive state, the disease can interfere with swallowing and can affect all motor activity. While in mild cases the disease can simply be a source of embarrassment, it can be physically and psychologically disabling. Until very recently, tardive dyskinesia was considered irreversible. Some studies now suggest that in certain cases it can be effectively treated. Recent studies also suggest that tar-dive dyskinesia is more widespread in mental patients than previously considered. Two studies now place the prevalence of ”

   2 later decisions quote this exact passage · from the majority
   e.g. Anderson v. State · Rogers v. Okin

2. “The concept of a right of privacy also embodies First Amendment concerns. It is clear from the evidence in this case that psychotropic medication has the potential to affect and change a patient’s mood, attitude and capacity to think. Such effects may well be considered by the medical profession as positive steps on the road to recovery and eventual release from the hospital. But, the validity of psychotropic drugs as a reasonable course of medical treatment is not the core issue here. At stake is the more fundamental question as to whether the state may impose once again on the privacy of a person, already deprived of freedom through commitment by forcibly injecting mind-altering drugs into his system in a non-emergency situation. The right to produce a thought — or refuse to do so — is as important as the right protected in Roe v. Wade to give birth or abort. Implicit in an individual’s right to choose either abortion or birth is an underlying right to think and decide. Without the capacity to think, we merely exist, not function. Realistically, the capacity to think and decide is a fundamental element of freedom. The concept of a therapeutic alliance between doctor and patient presumes a communication of information as to the pros and cons of a particular treatment program. .. . [Wjhile] the state may have an obligation to make treatment available, and a legitimate interest in providing such treatment, a competent patient has a fundamental right to decide to be left alone,”

   2 later decisions quote this exact passage · from the majority
   e.g. Clites Ex Rel. Clites v. State · Mills v. Rogers

3. “because an expert disagrees with a defendant as to what is the best or better approach in treating a patient. Medicine is an inexact science and eminently qualified physicians may differ as to what constitutes a preferable course of treatment. Such differences as to preference do not amount to malpractice. To constitute malpractice, the proffered expert must testify clearly that there has been a departure from acceptable medical standards,”

   1 later decision quote this exact passage · from the majority
   e.g. Fitzgerald v. Manning