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Stoney Brook University Legal Responsibility & Treatment Negligence Discussion
Part A: Plaintiff’s case
A good lawyer or advocate always recognizes the other side’s perspective, even if they do not agree with it. In this discussion, you will practice that critical thinking skill.
Pick a Plaintiff and Medical Defendant from the case story. Using IRAC and the elements of Negligence or Wrongful Death, outline the Plaintiff’s case against that Medical Defendant. Use the elements as defined in this week’s lecture. Clearly identify who is the Plaintiff AND who is the Medical Defendant.
Note that each element of the case must have a fact proving it. You may refer back to the hand-washing example in the .
Response should be 4 to 5 full, substantive paragraphs in length.
Part B: Defendant’s case
Pick a Discussion 1 post of a fellow student. (Tell us which one you picked.)
Using IRAC and the elements of Negligence or Wrongful Death, outline the Medical Defendant’s case. Use the elements as defined in this week’s lecture.
Note that each element of the case must have a fact proving (or in this case disproving) it. However, defeating one element is often enough to rebut a Plaintiff’s case. You may refer back to the hand-washing example in the lectures.
Response should be 4, substantive paragraphs in length.
Please answer Part A & Part B seperately, with 4 references.
