Confirm favorite deletion?
Torts Keyed to Henderson
Bang v. Charles T. Miller Hospital
Facts
Plaintiff is Helmer Bang. He was suffering from urinary problems and consulted with a doctor, who referred him to the hospital to have a cystoscopic exam. Two local doctors at the hospital performed this exam. These doctors informed Plaintiff of an enlarged prostate gland and pain in the bladder. These doctors gave two recommendations of where to go to have tissue removed from the prostate gland as a remedy. One of these options was Frederic E. B. Foley (Defendant), whom Plaintiff met with. Defendant performed a prostate exam and also wanted a cystoscopic exam to be done and referred him to Miller Hospital to make further findings in order to determine whether a prostate operation was necessary. Defendant did not have any conversation with Plaintiff about the spermatic cord. Defendant did not remember informing Plaintiff of the details/procedure of a prostate operation. Defendant testified there was no immediate emergency or life threatening conditions for Plaintiff’s operation. Plaintiff filed a cause of action for assault/unauthorized operation by Defendant seeking damages. Defendant made a motion for a directed verdict for insufficient evidence to prove negligence/any cause of action against him. Trial court granted (and treated it as a motion to dismiss on the merits). District court denied Plaintiff’s motion to either vacate the court’s dismissal of the cause of action against Defendant or for a new trial. Plaintiff appealed.
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.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.