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Torts keyed to Best
McGraw v. St. Joseph’s Hospital
Citation:488 S.E.2d 389 (W. Va. 1997)
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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.
- 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:
Robert McGraw was admitted to St. Joseph’s hospital in West Virginia for shortness of breath. The next day, four hospital workers attempted to lift McGraw into his hospital bed. McGraw, a heavy man, stated that he did not think the four workers could lift him into his hospital bed. The workers dropped McGraw onto the floor, and hospital workers found him lying on the floor the next day. Later in his stay, hospital workers again dropped McGraw onto the floor.
McGraw sued the hospital, claiming that negligent custodial care caused several injuries, including a fractured neck. The hospital filed and was granted a motion for summary judgment on grounds that McGraw had failed to provide expert testimony as to the standard of care a reasonable hospital staff would show in his situation. In particular, the court cited West Virginia statutes and case law that established that in medical negligence cases, a plaintiff must provide expert testimony to establish the standard of care that the defendant medical provider allegedly failed to meet in the case at hand. McGraw appealed, claiming that the rule in West Virginia did not apply to custodial cases.
- 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.