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Case Study for
Problem
Solving
HSA 530
Healthcare Law & Bioethics

Barry University
DNP/Anesthesiology Program
Hollywood, FL
2




               Case Study
          for Problem Solving
               Approach
 Analyze legal and ethical issues arising
 from the delivery of healthcare services

 Propose   strategies for resolution of such
 issues
3




                  Court Cases
   A case is “a civil or criminal proceeding,
    action, suit, or controversy at low or equity”
    decided by a court.
         Black’s Law Dictionary

   Judges make law by applying and
    interpreting the law, whether common law or
    a statute, on a case by case basis.

   Case law goes from a specific application to
    a general application.
4




   Reasoning by Analogy
 Reasoning  reaches an answer by showing
 direct factual similarities between
 governing case law and the present facts.

 Most   often used in case analysis
5




            Conclusion of Law
   The determination of whether or in what
    manner a specific rule of law applies to a
    specific set of facts.

   The conclusion of law is reached by a court in
    a given dispute depends primarily on 2
    factors:
       The facts of the dispute
       The rules of law that are applicable to those
        facts
6




     Conducting an Analysis
   Compare the important facts in the opinion
    with the new set of facts in the present
    controversy to identify similarities and
    differences.

   If there are similarities between the facts and
    the rule of law in the opinion and the present
    controversy, you can make a prediction
    about the outcome of the controversy.
7



           Four Part Analysis
                   of
              Case Law
 Facts


 Issues


 Analysis


 Holding
8




            Case Citation
 Describes where a court’s 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




Gideon v. Wainwright, 372 U.S. 335 (1963).


 Gideon   v. Wainwright (parties)

 372 U.S. 335 (case is reported in volume
  372 of the US Reporter on page 335)

 1963 (court and year in which case was
  decided) (case was decided in 1963 by
  the US Supreme Court)
10




       Barry Library Services
 Find   databases by title:

     Westlaw


     Lexis
11




Gideon v. Wainwright, 153 So.2d 299 (Fla. 1963).
12




    Discussion 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




   No Correct Answers


It’s   the thought that counts!

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Unit 1 four part case analysis

  • 1. Case Study for Problem Solving HSA 530 Healthcare Law & Bioethics Barry University DNP/Anesthesiology Program Hollywood, FL
  • 2. 2 Case Study for Problem Solving Approach  Analyze legal and ethical issues arising from the delivery of healthcare services  Propose strategies for resolution of such issues
  • 3. 3 Court Cases  A case is “a civil or criminal proceeding, action, suit, or controversy at low or equity” decided by a court.  Black’s Law Dictionary  Judges make law by applying and interpreting the law, whether common law or a statute, on a case by case basis.  Case law goes from a specific application to a general application.
  • 4. 4 Reasoning by Analogy  Reasoning reaches an answer by showing direct factual similarities between governing case law and the present facts.  Most often used in case analysis
  • 5. 5 Conclusion of Law  The determination of whether or in what manner a specific rule of law applies to a specific set of facts.  The conclusion of law is reached by a court in a given dispute depends primarily on 2 factors:  The facts of the dispute  The rules of law that are applicable to those facts
  • 6. 6 Conducting an Analysis  Compare the important facts in the opinion with the new set of facts in the present controversy to identify similarities and differences.  If there are similarities between the facts and the rule of law in the opinion and the present controversy, you can make a prediction about the outcome of the controversy.
  • 7. 7 Four Part Analysis of Case Law  Facts  Issues  Analysis  Holding
  • 8. 8 Case Citation  Describes where a court’s 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. 9 Gideon v. Wainwright, 372 U.S. 335 (1963).  Gideon v. Wainwright (parties)  372 U.S. 335 (case is reported in volume 372 of the US Reporter on page 335)  1963 (court and year in which case was decided) (case was decided in 1963 by the US Supreme Court)
  • 10. 10 Barry Library Services  Find databases by title:  Westlaw  Lexis
  • 11. 11 Gideon v. Wainwright, 153 So.2d 299 (Fla. 1963).
  • 12. 12 Discussion 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 Answers It’s the thought that counts!