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Torts Keyed to Epstein
Canterbury v. Spence
ProfessorMelissa A. Hale
CaseCast™ – "What you need to know"
Only StudyBuddy Pro offers the complete Case Brief Anatomy*
Access the most important case brief elements for optimal case understanding.
*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:
Plaintiff consulted Defendant, a doctor, after experiencing severe back pain. Defendant had the Plaintiff undergo a myelogram, which revealed that the Plaintiff suffered from a filling defect in the region of his fourth thoracic vertabra. Defendant told Plaintiff that he needed to undergo a laminectomy to correct what he suspected was a ruptured disc. Defendant did not tell Plaintiff the details of the proposed operation nor did Plaintiff inquire about them. Defendant told Plaintiff’s mom that the operation was a serious one, but not any more serious than any other operation. Defendant performed the operation and discovered Plaintiff’s swollen spinal cord to be in very poor condition. Defendant did what he could to relieve the pressure and left Plaintiff in bed to recuperate. Plaintiff was recuperating, when he slipped off the side of the bed and suffered near-complete paralysis. There was no one there to assist him and no side rail to break his fall. Defendant performed an em ergency operation and Plaintiff’s condition improved. Plaintiff sued Defendant for negligence in the performance of the laminectomy and for failure to inform him of the risk involved. Plaintiff introduced no evidence to show medical and hospital practices customarily pursued in regard to the critical aspects of the case. Defendant testified that even without trauma, paralysis can be anticipated somewhere in the nature of one percent. Defendant felt that communication of the risk to Plaintiff was not good medical practice because it might deter him from undergoing needed surgery and might produce adverse physiological reactions, which could preclude the success of the operation. The trial court held that Plaintiff failed to produce any medical evidence indicating negligence. Plaintiff appealed.
- 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.