Fernandez v. BARUCH’s Empirical Analysis
1968
Citation profile
3 federal appellate · 2 district · 62 state decisions
How this case has been cited
Cited by 67 later decisions — most recently July 2023 · most notably 72 Ill. 2d 249 - Walski v. Tiesenga (1978), Conklin v. Weisman (1996)
3 federal appellate · 2 district · 62 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 Schueler v. Strelinger · Carbone v. Warburton · 96 N.J. Super. 125 - Fernandez v. Baruch · Rawdin v. Long Island Home, Ltd. · Rawdin v. Long Island Home, Ltd.
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 67 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The expert testimony must relate to generally accepted medical standards, not merely to standards personal to the witness.”
7 later decisions quote this exact passage · from the majority“"The controlling factor in determining whether there may be a recovery for a failure to prevent a suicide is whether the defendants reasonably should have anticipated the danger that the deceased would attempt to harm himself. See Annotation, Civil Liability for Death by Suicide, 11 A.L.R.2d 751 , 782-92 (1950) and cases cited therein. Since there was no proof that generally accepted medical standards required the defendant doctors to conclude that Fernandez was likely to attempt suicide, they cannot be said to be guilty of malpractice in not predicting to the police that the decedent might attempt to do away with himself. See Perr, Suicide Responsibility of Hospital and Psychiatrist, 9 *Page 845 Clev.-Mar.L.Rev. 427 (1960); see generally, Morse, The Tort Liability of the Psychiatrist, 18 Syracuse L.Rev. 691, 707-15 (1967).”
3 later decisions quote this exact passage · from the majority“"Because the evidence failed to show that the decedent had a suicidal proclivity of which the defendant doctors were or should have been aware, we conclude that no case of malpractice was presented against them."”
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.