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Torts Keyed to Farnesworth
Herskovits v. Group Health Cooperative of Puget Sound
Citation:664 P.2d 474 (Wash. 1983)
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- 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.
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- 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:
Herskovits (Plaintiff) had a chronic cough and chest pain. He visited the hospital run by Group Health Cooperative of Puget Sound (Defendant) where he was prescribed cough medicine. Plaintiff got a second opinion from Dr. Ostrow about half a year later, where he was diagnosed with Stage 2 lung cancer, with a 25% chance of surviving 5 more years. Dr. Ostrow testified that if Plaintiff had been diagnosed when he visited Defendant, he may have only been at Stage 1 and had a 39% chance of living for 5 more years. Plaintiff died less than 3 years after his diagnosis.
- 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.
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- Reasoning and Analysis: Identifies the chain of argument(s) which led the judges to rule as they did.