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← 790 SW2D 879 - Scheffey v. Chambers

Scheffey v. Chambers’s Empirical Analysis

1990

Citation profile

7
cited by 7 later decisions
1
states following
December 1994
most recently cited

7 state decisions

Relationships

Relies on Downer v. Aquamarine Operators, Inc. · Brown v. United States · Johnson v. Fourth Court of Appeals · Jampole v. Touchy · West v. Solito

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.

  1. “The issue that was before Judge Chambers had to do with whether there exists an exception to Dr. Scheffey’s privilege under the facts and circumstances of this case. The exceptions to Dr. Scheffey’s privilege making the Las Encinas Hospital records discoverable are Texas Rules of Civil Evidence 509(d)(4) and 510(d)(5). In his Petition, Dr. Scheffey states that these rules are intended to prevent the offensive use of the physical/mental health professional/patient privileges.” This statement overlooks the clear and unequivocal language used in these rules creating the exception regarding records or communications which may be relevant to “... an issue of the physical, mental, or emotional condition of a patient in any proceeding in which any party relies on the condition as part of the party’s claim or defense.” (Emphasis added). The nature and the extent of Dr. Scheffey’s cocaine addiction and its attendant physical and mental effects upon him form the basis of the Watsons’ case. If the Las Encinas Hospital records are not at the very least discoverable, then the Watsons would be precluded from challenging Dr. Scheffey’s self-serving testimony that he was not under the influence of cocaine while treating any patients at his office or at any hospital. The Watsons would be further precluded from challenging Dr. Scheffey’s self-serving testimony that his cocaine use had no effect on him during non-use periods and did not effect [sic] his care or treatment of Mr. Watson. Finally,”
    2 later decisions quote this exact passage · from the dissent

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.