Legal Case Critique 734 A.2d 778 Chin Estate v. Barnabas Medical Center

Legal Case Critique 20%
This is submitted on a template, and written in complete sentences using 3
rd person (no personal pronouns). Nursing
or medical details should be kept to a minimum because you have an all RN audience! Use professional terminology
for brief descriptions of medical events (example: there was internal hemorrhaging with classic symptoms including
tachycardia & hypotension, instead of relaying many vital signs or progressive changes).
Please focus exclusively on describing the major issue(s) in your case. Do not get distracted by ‘case law’ within the
legal document. Other cases and past court case decisions are what attorneys typically argue should apply in a similar
situation.
Your replies should ALL be in your own words & normal terminology or language (not legal or attorney language).
Use free on-line dictionaries, the legal terminology attachment in the drop box, or email the instructor to assist with
legal terminology.
No quotations are allowed, including significant passages or sentences. If this requirement is ignored the paper will
be returned and standard late penalty will be applied to any resubmission.
Legal Case Review Grading Criteria
Possible
Points Guidance
Re-read the information above! Study page 1 of your case for details including who is involved and the level of
the court. An “overview” or summary paragraph usually follows these specific details.
Use professional terminology to describe events. Skim through the document first, using a highlighter, then go
back to read for details.
Often critical information is in a shaded section or more compact paragraphs. Skim case law or discussions &
definitions of terms (they often look different, sometimes in italics).
Lawsuit Parties 2.5
Your case may involve doctors, nurses, patients, hospitals,
family members, or the “state”.
Who is the plaintiff and what is
his/her/their role?
Who is the defendant and what is
his/her/their role?
OR, Is this an appeals case?
Court & Jurisdiction
Is this a county, state or federal case?
2.5
Identify the plaintiff(s). Plaintiffs are the injured party or
those filing a lawsuit on behalf of the injured.
Identify the defendant(s), those accused of causing injury
through inaction or actions.)
The description of the parties tells you this. The appellant
“lost” the first case, and this is a new lawsuit against the
appellee or “winner” of the previous case. If your case is an
appeal – explain the appellant’s role, and the appellee’s role in
the case.
This is identified at the very top of page 1. “Jurisdiction”
determines where the outcome applies. The words are
usually abbreviated. Plug the phrase about the “court” in
Google to obtain full words.
Major Issue
Describe the broad issue at the core
of this case in 1 paragraph Use your
own words.
5
Use your own words & normal terminology or language (not
legal or attorney language).
What is the type of issue at the center of this case? For
example, is the major issue deciding liability (who is at fault or
accountable), malpractice (someone acted or failed to act and
damage resulted), an employment issue (employee &
employer dispute), an argument about expert qualifications,
the amount of damages or something else. Describe it.
Dispute or Disagreement
In 5 sentences or less, what took
place in the events that the two
parties are arguing about? What is in
dispute? Use your own words.
15
Use your own words. A law dictionary is linked in your drop
box. Use it to explain legal terminology. This puts things in
normal wording instead of wording unique to lawyers. You
can also contact your instructor for assistance.
Briefly (one short paragraph) describe what the case is about.
What are plaintiff & defendant(s) OR appellant and appellee
arguing about? Are there 2 versions about what occurred, or
2 explanations for what was done or not done. Always use
professional terms & be brief. Ex: identify major differences
between a nurse’s version & the patient’s version of events,
not what occurred at 10:24, 10:30, etc.
Case Outcome
Use your own words. See the
terminology handout in this drop-box,
or use an on-line, free legal dictionary.
Summarize the legal decision of this
case, in other words how it
concluded.
Explain the reason for the conclusion.
Why was this the decision of the jury
or the judge?
15
Use your own words; keep it simple. Use a law dictionary prn.
There is usually a brief sentence or phrase on the first page
indicating the outcome, but it may be in “legal” terms. For
example, if a case is “remanded” to lower court, look this
term up so you can express it in your own words.
There will be a section discussing the reason(s) for a decision
within the case. Use the dictionary as you read this discussion
and summarize in your words.
There will be a basis or rationale for the court’s decision.
Discuss this here. Go one step beyond a re-trial or the final
judgement (“rendered”) to explain, in your words, WHY the
final decision was made. In other words, what is next? Is
there now money for damages, a retrial, or a final decision
that means a prior court decision is now confirmed?
Healthcare Relevance
Discuss the general relevance of this
case to healthcare, nursing leadership
and nursing practice, or quality of
care.
15
You were assigned this case because it has something to do
with health care, healthcare practitioners, and/or patient care
quality. Now you know what has happened. Think about how
it relates to healthcare, nursing (at practice or management
level) or patients. It’s a 15-point discussion so cover the
implications thoroughly!
Legal & Ethical Issues in Nursing
Select a chapter or section in Westrick
(2014) related to the major issue of
your case. NOTE: Your selection must
be content after the early chapter on
“malpractice” & “negligence”, in
other words content more specific to
the issue of the case.
Compose an APA reference for your
textbook. Include the chapter title
and page numbers you used.
Thoroughly explain the connection
between the Westrick chapter
selected & the main issue(s) of this
case.
3
17
Review Westrick’s table of contents (the first pages of the
book). Do not write about “malpractice” in general, select a
specific section of the book that relates to your case.
There is more specific related content in your textbook
(example: charting, confidentiality, patient abandonment,
employment issues such as floating, impaired nurses, expert
credentials, transferring patients, or working outside the state
practice act or policy & procedures of the agency).
Westrick is the only author of this textbook; this is NOT an
edited book. Cite specific pages in your in-text citation and
include the chapter title in your APA compliant reference.
Think about the case & the textbook contents in combination.
What does Westrick say about this type of issue (ex:
documentation, consent, managing patient injuries, expert
witnesses, refusing an assignment, abandoning a patient, the
Good Samaritan Law, etc.)? How does what she says compare
to what happened in your case? Is what the author
recommends logical?
Practice Implications
Discuss how the Westrick chapter you
selected & the case events may
impact your practice. What
preventative processes or policies
exist in your workplace that may be
relevant to the case reviewed?
15
Think about your practice specialty, your agency, or the
practice of nursing in general. After reading the case and the
textbook, is it business “as usual” or do you think you may
view some situations a little differently?
Discuss your practice & what reading this case means to you –
(The writer may …). If you cannot identify any policies or
procedures directly related to the issue in this case, think
about policies in place that may be intended to reduce risk to
prevent something like this from happening.
Scholarly Writing
Answers are written exclusively in the
student’s own words. Content was
proof-read for sentence structure &
clarity & spell-checked.
Plagiarism can result in a “0” for the
assignment.
10
This is NOT written as a first-person perspective.
Use third person voice for this template: “This author…” or
“The nurse will…”
Do not use sentences from the case reviewed. You will be
penalized for using legal jargon instead of your own words.
No quotations are allowed, including significant passages or
sentences.
State the events in very simple terms. There is no need to
include legal terminology