Snyder v. Major’s Empirical Analysis
1992
Citation profile
5 state decisions
Relationships
Relies on Public Service Mutual Insurance v. Goldfarb · Zipkin v. Freeman · 122 Wis. 2d 455 - L.L. v. Medical Protective Co. · St. Paul Fire & Marine Insurance v. Asbury · Hirst v. St. Paul Fire & Marine Insurance
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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Plaintiff suggests that this Court use Asbury to frame a rule that sexual misconduct is a medical incident if (a) it arises out of psychiatric treatment or (b) it arises out of treatment of the erogenous zones____ We reject the proposed rule for several reasons. First, we emphasize that the fundamental issue here is not whether the conduct in question is negligence, but whether a particular contract was intended to cover this conduct. .... Second, we are hesitant to adopt a rule with such amorphous boundaries. We think it unworkable for courts to be placed in the position of deciding what constitutes a “sexual incident arising out of treatment of erogenous zones.” Because of the subjectivity of the term “erogenous zone,” courts are poorly situated to second guess litigants’ accounts of what is or is not an erogenous zone in a particular case. The proposed rule would invite such disputes. Third, even considered on its own right, we are not convinced of the merit of the proposed rule. We are skeptical of the suggestion, implicit in plaintiffs proposal, that a physician’s duty to refrain from sexually abusing his (or her) patients is any greater in cases where the physician is treating the erogenous zones. Perhaps the patient’s fear of such abuse is greater in such cases — and undoubtedly it is appalling when such fears are realized, as in this case. However, we think it no less appalling and no less a violation[ ] of a physician’s duty when, as in Hirst , for example, a person ”
1 later decision quote this exact passage · from the majority“mishandling the transference phenomenon and mishandling a person's genitals.”
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.