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← 894 FSUPP 344 - Doe v. Cherwitz

Doe v. Cherwitz’s Empirical Analysis

1995

Citation profile

2
cited by 2 later decisions
2
states following
September 2015
most recently cited

2 state decisions

Relationships

Relies on Bernhardt v. Polygraphic Co. of America, Inc. · Langner v. Simpson · James W. Heeney v. Marjorie E. Miner · Doe v. Cherwitz

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

  1. “I do not believe the Iowa Supreme Court * * * would hold if this case were presented to it, that section 614.1(9) applies to willful non-treatment tortious activity by the physician, simply because it occurred when the patient was seeing the physician for medical reasons. Obviously, that is not what the legislature intended in enacting the statute, and its careful choice of language—'arising from patient care'—clearly limits the protection of the statute to claims resulting from patient[-]care activity. Rape is not patient[-]care activity.”
    1 later decision quote this exact passage · from the majority
  2. “for injuries to the person or wrongful death against any physician * * * arising out of patient care”
    1 later decision quote this exact passage · from the majority
  3. “forcibly had sexual intercourse with her against her will.”
    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.