IHP 420 SNHU Hospital Vicarious Liability Describe The Case Worksheet
Description
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Prompt
Your instructor will use the rubric below to make sure you have correctly identified the crucial facts in the malpractice case when you complete the Describe the Case Worksheet.
Specifically, the following critical elements must be addressed:
Parties: Include all of the parties in the case: plaintiff and defendant
Facts and Circumstances: Accurately explain the facts and circumstances that brought the parties to court
Question of Fact or Question of Law: Explain whether the court is deciding a question of fact or a question of law
Facts that Raise Issues: Explain which facts of the case raise issues
Explanation of Nonissues: Explain the nonissues of the case
What to Submit
Complete and submit the Describe The Case worksheet using complete sentences and submit to your instructor as a Microsoft Word document.
What are Case Citations?
Citations are ways to locate the legal authority or case. Typically, you will see parties’ names and v for versus. In other instances, you may see abbreviations such as In Re for regarding a matter about a particular party. The remaining information such as the numerical and abbreviations are similar to an address. The numerical information directs the researcher to the volume of the publication (or reporter) and the publication’s title or reporter’s title. An example and additional guidance is available in your textbook on page x.
What is IRAC?
Yes, it is a weird word or phrase that may not make very much sense right now. But, it will make more sense once we break down each layer of information.
IRAC stands for Issue, Rule, Application and Conclusion. Each component addresses a key aspect in a case or scenario. An example of this is provided below.
Issue: Whether the Medical Practitioner A owed a duty of care to Patient B?
Rule: In Re Smith v. XYZ, the court held that medical practitioners must use a reasonable degree of care (or standard of care) of an average medical practitioner in the medical practitioner’s specialty field. Courts have further defined ‘standard of care.’
Application: Here, the facts state ….. In Re Smith v. XYZ provides that …. Therefore, …..
Conclusion: Yes.
While you can have more than one issue, you can only have one conclusion. Though there could be ‘maybe’ answers, when using the IRAC method, it is useful to state a clear conclusion of yes or no, with supporting application (or analysis of the rule of law). The key is to logically analyze the facts and law to conclude in a logical manner. This is to say that if A = B and B = C, then A = C.
This is IRAC method in a nutshell. We will explore each facet throughout the course. Please view this short video on the IRAC method below. Let me know if you have any questions, comments or concerns.
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