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Health Law Keyed to Furrow
Darling v. Charleston Community Memorial Hospital
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*Case Brief Anatomy includes: Brief Prologue, Complete Case Brief, Brief Epilogue
- The Brief Prologue provides necessary case brief introductory information and includes:
- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
- Case Key Terms, Acts, Doctrines, etc.: A case specific Legal Term Dictionary.
- Case Doctrines, Acts, Statutes, Amendments and Treatises: Identifies and Defines Legal Authority used in this case.
- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
- Brief Facts: A Synopsis of the Facts of the case.
- Rule of Law: Identifies the Legal Principle the Court used in deciding the case.
- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
Darling (Plaintiff) was taken to the emergency room at Charleston Community Memorial Hospital (Defendant) when he broke his leg. The attending physician, Dr. Alexander (Defendant), set the break and put the leg in a cast. The next day, Plaintiff's toes turned dark and cold. The cast was removed, but much of the tissue in the leg had become necrotic from constriction caused by the cast. Eventually the lower leg had to be amputated. Plaintiff brought suit against Alexander (Defendant) and Charleston (Defendant). After Plaintiff settled with Alexander (Defendant), he tried the case against Charleston (Defendant). The jury returned a verdict of $150,000.00. The court of appeals affirmed this, and the Supreme Court of Illinois granted review on the issue of whether or not a hospital could be held liable for the negligence of its staff.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
- Holding: Shares the Court's answer to the legal questions raised in the issue.
- Concurring / Dissenting Opinions: Includes valuable concurring or dissenting opinions and their key points.
- Reasoning and Analysis: Identifies the chain of argument(s) which led the judges to rule as they did.
- The Brief Prologue closes the case brief with important forward-looking discussion and includes:
- Policy: Identifies the Policy if any that has been established by the case.
- Court Direction: Shares where the Court went from here for this case.