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Unit 3: Tort and Dispute Resolution

CHAPTER 12: NEGLIGENCE AND OTHER TORTS

E-ACTIVITY: MEDICAL NEGLIGENCE CASES (p. 357)

Activity: Prepare a Case Analysis

Medical care is complex and many procedures involve risk. If you are injured by a procedure, has the doctor necessarily been medically negligent? Are you entitled to damages? Why do medical professionals pay high insurance rates?

To answer these questions, write a case analysis of a medical negligence case.

  1. Visit the Web site of the Canadian Legal Information Institute and select one of the following medical negligence cases to analyze:

  2. For the case you chose, prepare a case analysis using the following case-analysis organizer. Click here if you would like to download the organizer.

CASE-ANALAYSIS ORGANIZER
Name of case—complete name indicating all parties; using appropriate format for civil case
 
Name of court—name and particular level of court where the case is heard

 

Citation—legal on-line case reference with a neutral citation; complete and accurate

 

Summary of key facts—key, relevant legal points and facts; concise; in 1-2 paragraphs

 

Applicable laws—e.g., negligence under common law

 

Issue—clear, concise identification of issue(s) to be decided by the court; written in question format (e.g., Was the victim owed a duty of care? Was the standard of care broken?)

 

Case decision or judgment—e.g., the appeal was allowed, a new trial was ordered

 

Reason for decision or judgment—clear summary of rationale for decision, with reference to factors and legislation considered

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 



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