ihp420_describe_the_case_worksheet 09092018.docx

ihp420_describe_the_case_worksheet 09092018.docx - IHP 420...

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IHP 420 Describe the Case Worksheet Issue (What facts and circumstances brought these parties to court?) Who are the parties in this case: plaintiff and defendant? Plaintiff: Rosalinda Iturralde Defendant: Hilo Medical Center USA What facts and circumstances brought these parties to court? This is a malpractice case due to the negligence of HMC staff for failing to execute policy and protocol. Is the court deciding a question of fact —i.e., are the parties in dispute over what happened? Or is it a question of law —i.e., is the court unsure which rule to apply to these facts? It is a question of law. The court is unsure which rule to apply to the facts at hand. It this case is remanded for further proceedings consistent with this opinion. Which facts of the case raise issues? 1) HMC could.not be jointly liable for the NIED claim because it did not involve injury. 2) Circuit Court prejudicially erred in failing to clarify that the precise
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