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Torts Keyed to Epstein
Lama v. Borras
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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:
Plaintiff was suffering from back pain and was referred to Defendant, a neurosurgeon. Defendant concluded that Plaintiff had a herniated disc and scheduled Plaintiff for surgery. Defendant neither prescribed nor enforced a regime of absolute bed rest prior to surgery, but did instruct Plaintiff to enter the hospital one week before the surgery in order to clean out his lungs. Plaintiff was a heavy smoker. Plaintiff was not subjected to conservative treatment. While operating, Defendant discovered that Plaintiff had an “extruded” disc and attempted to remove the extruding material. Either because Defendant failed to remove all the material, or because he operated at the wrong level, Plaintiff’s back pain returned in full force. Defendant scheduled Plaintiff for a second surgery. It is unclear if the second operation cured the herniated disc. However, shortly after the second surgery, Plaintiff began to experience severe pain in his back. Another doctor, Dr. Piazza, diagnosed Pl aintiff with discitis (an infection of the space between discs) and initiated antibiotic treatment. Discitis is extremely painful and very slow to cure. Plaintiff alleged that Defendant was negligent in four areas: (1) failure to provide proper conservative medical treatment; (2) premature and otherwise improper discharge after surgery; (3) negligent performance of surgery; and (4) failure to provide proper management for the infection. The jury awarded Plaintiff $600,000. Defendant 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.