The Irac Method of Case Study Analysis
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The IRAC Method of Case Study Analysis
LAW/531
April 27, 2014
The IRAC Method of Case Study Analysis
Facts
In the case of Martha Bull, 76, against Greenbrier Nursing and Rehabilitation Center, negligence was found in her death. Ms. Bull was admitted to the center for rehabilitation after a stroke. On the night of April 7, 2008 there was an order to have her sent to the emergency room; however, there was oversight and the order was ignored by the facilities staff. Around 10:00pm Ms. Bull was pronounced dead and the Faulkner courts found the facility guilty of negligence, medical malpractice and violation of resident’s rights (Brantley, 2013). Although, the judgment was for 5.2 million dollars it will be very hard for the family to collect based on new legislation laws and the fact that individual nursing homes are organized as freestanding limited liability companies, under the Central Arkansas Nursing Centers upheld by Michael Morton.
Procedural History
The Faulkner County jury unanimously decided that the Greenbrier Nursing and Rehabilitation Center was negligent is the care of Ms. Bull. Circuit Judge Mike Maggio presided over the case and the damages to be awarded were for pain, mental anguish and suffering (Brantley, 2013).
Issue
In the case of Martha Bull vs Greenbrier Nursing and Rehabilitation Center, the two focal legal questions are:
1. Should there be any collection for pain and suffering of elderly individuals, who are victims of nursing home negligence?
2. How does individual nursing home pay for pain and suffering, when they are organized as freestanding limited liability corporations, with licenses separate from physical property and small liability insurance policies through a self-insurance-style program?
Rule
In the United States, there is Contributory /Negligence/ Comparative fault laws in all 50 States. However, in the state of Arkansas (A.C.A. § 16-64-122), the negligence law falls under the Modified Comparative Fault System....
LAW/531
April 27, 2014
The IRAC Method of Case Study Analysis
Facts
In the case of Martha Bull, 76, against Greenbrier Nursing and Rehabilitation Center, negligence was found in her death. Ms. Bull was admitted to the center for rehabilitation after a stroke. On the night of April 7, 2008 there was an order to have her sent to the emergency room; however, there was oversight and the order was ignored by the facilities staff. Around 10:00pm Ms. Bull was pronounced dead and the Faulkner courts found the facility guilty of negligence, medical malpractice and violation of resident’s rights (Brantley, 2013). Although, the judgment was for 5.2 million dollars it will be very hard for the family to collect based on new legislation laws and the fact that individual nursing homes are organized as freestanding limited liability companies, under the Central Arkansas Nursing Centers upheld by Michael Morton.
Procedural History
The Faulkner County jury unanimously decided that the Greenbrier Nursing and Rehabilitation Center was negligent is the care of Ms. Bull. Circuit Judge Mike Maggio presided over the case and the damages to be awarded were for pain, mental anguish and suffering (Brantley, 2013).
Issue
In the case of Martha Bull vs Greenbrier Nursing and Rehabilitation Center, the two focal legal questions are:
1. Should there be any collection for pain and suffering of elderly individuals, who are victims of nursing home negligence?
2. How does individual nursing home pay for pain and suffering, when they are organized as freestanding limited liability corporations, with licenses separate from physical property and small liability insurance policies through a self-insurance-style program?
Rule
In the United States, there is Contributory /Negligence/ Comparative fault laws in all 50 States. However, in the state of Arkansas (A.C.A. § 16-64-122), the negligence law falls under the Modified Comparative Fault System....