SmartBrief
0
Confirm favorite deletion?
Torts Keyed to Prosser
Smith v. Providence Health & Services
Citation:
361 Or. 456, 393 P.3d 1106Only 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. Review the Facts of this case here:
Joseph Smith suffered permanent brain damage resulting from a stroke. He alleged that the doctors at Providence Health & Services failed to follow up on his complaints of stroke symptoms. Smith also alleged that doctors’ negligence caused him to lose a chance for treatment that would have given him a 33-percent chance of recovering from the stroke with no or reduced complications. Smith sued for medical negligence. The trial court dismissed with prejudice plaintiff’s complaint for failure to state a claim. The court of appeals affirmed. Defendant appealed to the Supreme Court of Oregon, arguing that loss of chance is a legitimate cause of action.
- 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.
Topic Resources
Topic Videos 
8m 27s
13m 43s