R.K. v. Ramirez’s Empirical Analysis

Citation profile

43 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 46 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(1) Confidential communications between a physician and a patient, relative to or in connection with any professional services rendered by a physician to the patient are privileged and may not be disclosed. (2) Records of the identity, diagnosis, evaluation, or treatment of a patient by a physician that are created or maintained by a physician are confidential and privileged and may not be disclosed.”

   3 later decisions quote this exact passage · from the majority
   e.g. In Re Toyota Motor Corp. · In Re Arriola

2. “[a]s a general rale, a mental condition will be a part of a claim or defense if the pleadings indicate that the jury must make a factual determination concerning the condition itself. In other words, information communicated to a doctor or psychotherapist may be relevant to the merits of an action, but in order to fall within the litigation exception to the privilege, the condition itself must be of legal consequence to a party’s claim or defense.”

   2 later decisions quote this exact passage · from the majority
   e.g. In Re Toyota Motor Corp. · In Re Doe

3. “(3) when the purpose of the proceedings is to substantiate and collect on a claim for medical services rendered to the patient, and (4) as to a communication or record relevant to an issue of the physical, mental or emotional condition of a patient in any proceeding in which any party relies upon the condition as a part of the party’s claim or defense.”

   2 later decisions quote this exact passage · from the majority
   e.g. In Re Christus Health Southeast Texas · in Re Joan E. Jarvis