Problem
The following must be included in your Case Comment for each case:
A. Identify the parties to the action/lawsuit- distinguish the plaintiff from the defendant.
B. Summarize material facts in the case: Provide a brief description, in your words, of what happened to give rise to the dispute between the parties. Only the facts necessary to support the end decision and decided the questions the court is being asked to decide w +87should be included under this part.
C. Identify the elements of negligence in the case. Ensure that this analysis is done for each of the defendants in the action/lawsuit.
D. Describe the decision. This is the court's decision, either in favour of or against the plaintiff or defendant. Provide a summary of the reasons for the Court's decision on each issue.
E. Implication on healthcare: How do you think this decision impacted healthcare? Can you think of any policies/procedures that are currently in place that may have been shaped/informed by this case?
F. Your opinion: What is your opinion of the decision and reasons of the Court. Do you agree or disagree with the Court's decision? Explain why you agree or disagree. It should also include what the impact may be on future negligence cases from the perspective of both patients and defendants.
Case available on Canlii
Alberta Court of Queen's Bench
Pierre v. Marshall
Date: 1993-12-07
J.M. Moreau, for plaintiffs.
J. Martland,Q.C., and D.L. Petriuk, for defendant Marshall.
(Doc. Calgary 8901-13049)
December 7, 1993.