Confirm favorite deletion?
Torts keyed to Robertson
Bradway v. American National Red Cross
Facts
After the Plaintiff had surgery she was required to have a blood transfusion, with the units of blood being supplied by the defendant. Later, the Plaintiff was diagnosed with AIDS and sued the defendant, arguing that the negligently screened the units of blood used for her previous transfusion. Under Georgia law, cases involving claims of medical malpractice have a statute of limitation of 2 years and a statute of repose of 5 years. The defendant moved to dismiss the case, arguing that claims were barred under the statute of repose of 5 years. In response, the plaintiff argued that the case was one of ordinary negligence and not medical malpractice. If the case was one of ordinary negligence, the plaintiff’s claims would not be time barred. The Georgia Supreme Court held the claims were for medical malpractice and are time barred under the 5-year statute of repose.
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.