The Irac Method Of Case Study Analysis

787 words - 4 pages

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 ...view middle of the document...

C.A. § 16-64-122), the negligence law falls under the Modified Comparative Fault System. In this law, each group is held accountable for damages in proportion to their own percentage of fault. In other words, Plaintiff will be barred from recovering any damage if they reach the percentage bar of 50% or 51%, being at fault. Sometimes, this method has been questioned because of the difficulties resulting from numerous at-fault parties and the disarray it causes for juries (“Contributory /Negligence/ Comparative fault laws in all 50 States” 2014).
In Martha Bull’s case, a Faulkner County jury reverted to an undisputed judgment that the Greenbrier Nursing and Rehabilitation Center was guilty of negligence. Hence, the jury only awarded damages under one area for pain, suffering and mental anguish, it wasn't multiplied by the multiple types of culpability (Brantley, 2013).
On the other hand, as part of a limited liability Corporation, the Greenbrier Nursing and Rehabilitation Center can contend that the liability coverage has been spent legal fees; thus making it a prolong effort to pay the 5.2 million dollars in retribution (Brantley, 2013).
The evidence that proves that the Greenbrier Nursing and Rehabilitation was negligent in the care of Martha Bull are;
1. The physician’s order to have Martha Bull transferred to an emergency room for evaluation that was ignored.
2. Bull’s screams that were heard...

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