Unit 1 four part case analysis

• 1.Case Study forProblemSolvingHSA 530Healthcare Law & BioethicsBarry UniversityDNP/Anesthesiology ProgramHollywood, FL

2. 2 Case Studyfor Problem Solving Approach Analyze legal and ethical issues arising from the delivery of healthcare services Propose strategies for resolution of such issues 3. 3Court Cases A case is a civil or criminal proceeding,action, suit, or controversy at low or equitydecided by a court. Blacks Law Dictionary Judges make law by applying andinterpreting the law, whether common law ora statute, on a case by case basis. Case law goes from a specific application toa general application. 4. 4 Reasoning by Analogy Reasoningreaches an answer by showing direct factual similarities between governing case law and the present facts. Most often used in case analysis 5. 5Conclusion of Law The determination of whether or in whatmanner a specific rule of law applies to aspecific set of facts. The conclusion of law is reached by a court ina given dispute depends primarily on 2factors: The facts of the dispute The rules of law that are applicable to thosefacts 6. 6 Conducting an Analysis Compare the important facts in the opinionwith the new set of facts in the presentcontroversy to identify similarities anddifferences. If there are similarities between the facts andthe rule of law in the opinion and the presentcontroversy, you can make a predictionabout the outcome of the controversy. 7. 7 Four Part Analysis ofCase Law Facts Issues Analysis Holding 8. 8Case Citation Describes where a courts opinion in a particular case can be located: Parties The text in which the case can be found The court writing the opinion The year in which the case was decided 9. 9Gideon v. Wainwright, 372 U.S. 335 (1963). Gideon v. Wainwright (parties) 372 U.S. 335 (case is reported in volume372 of the US Reporter on page 335) 1963 (court and year in which case wasdecided) (case was decided in 1963 bythe US Supreme Court) 10. 10 Barry Library Services Find databases by title: Westlaw Lexis 11. 11Gideon v. Wainwright, 153 So.2d 299 (Fla. 1963). 12. 12Discussion Board Forums Case Analysis: Examine the facts Determine the relevant issues Analyze the issues based upon applicable legal and ethical principles Formulate a conclusion Discussion: Propose strategies for resolving the issues 13. 13 No Correct AnswersIts the thought that counts!