93 Misc. 2d 201 - Doe v. Roe’s Empirical Analysis
1977
Citation profile
4 federal appellate · 2 district · 31 state decisions
How this case has been cited
Cited by 44 later decisions — most recently June 2007 · most notably 148 Ill. App. 3d 581 - Petrillo v. Syntex Laboratories, Inc. (1986), 379 Pa. Super. 150 - Moses v. McWilliams (1988)
4 federal appellate · 2 district · 31 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 Andrew Aikens v. State of Wisconsin No 3 Albert Huegin · Willy v. . Mulledy · Rager v. McCloskey · Amberg v. . Kinley · 8 Utah 2d 191 - Berry v. Moench
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 44 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Any time a doctor undertakes the treatment of a patient, and the consensual relationship of physician and patient is established, two jural obligations (of significance here) are simultaneously assumed by the doctor. Doctor and patient enter into a simple contract, the patient hoping that he will be cured and the doctor optimistically assuming that he will be compensated. As an implied condition of that contract, this Court is of the opinion that the doctor warrants that any confidential information gained through the relationship will not be released without the patient’s permission. Almost every member of the public is aware of the promise of discretion contained in the Hippocratic Oath, and every patient has a right to rely upon this warranty of silence. The promise of secrecy is as much an express warranty as the advertisement of a commercial entrepreneur. Consequently, when a doctor breaches his duty of secrecy, he is in violation of part of his obligations under the contract.”
1 later decision quote this exact passage · from the majority“This [need to keep in confidence all disclosures made by the patient] is particularly and necessarily true of the psychiatric relationship, for in the dynamics of psychotherapy “[t]he patient is called upon to discuss in a candid and frank manner personal material of the most intimate and disturbing nature ...*** To speak of such things to another human requires an atmosphere of unusual trust, confidence and tolerance. * * * Patients will be helped only if they can form a trusting relationship with the psychiatrist.””
1 later decision quote this exact passage · from the majority“A physician may not reveal the confidences entrusted to him in the course of medical attendance, or the deficiencies he may observe in the character of patients, unless he is required to do so by law or unless it becomes necessary in order to protect the welfare of the individual or of the community.”
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.