IRAC Method of Bell vs. Greenbrier Nursing and Rehabilitation Center
Shaquita Spruill
Business Law (LAW/531)
Michael Meeusen
September 2, 2013

IRAC Method of Bell vs. Greenbrier Nursing and Rehabilitation Center
Case: Martha Bull, 76, who died at the Greenbrier Nursing and Rehabilitation Center April 7, 2008 after staff failed to act on a doctor's orders to get her transferred to a hospital emergency room for treatment of severe abdominal pain.
Issue: Has negligence been demonstrated?
Rule: Negligence requires that a duty was owed, that the duty was breached, and that the breach was the actual and proximate cause of damage.
Analysis: Greenbrier Nursing and Rehabilitation Center owed a duty of care to Bell which was to get her to a hospital. Greenbrier Nursing and Rehabilitation Center breeched their duty of care by not following through with the doctors’ orders. The breech of this duty caused injury to Bell which was death. Greenbrier Nursing Center is the proximate cause of negligence which means the negligent party is not necessarily liable for all damages set in motion by his or her negligent.
Conclusion: According to "Arkansas Times" (2013), the jury found the nursing home guilty of negligence, medical malpractice and violation of resident's rights, but it did not specifically find that the nursing home caused Bull's death. New legislation from the 2013 legislation, sponsored by Sen. Jonathan Dismang, will make it impossible to sue a nursing home except for medical reasons, not for multiple causes of action. In this case, Buchanan said, the jury awarded damages only under one area for pain, suffering and mental anguish, it wasn't multiplied by the multiple types of culpability.

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Unintentional Torts (Negligence) in a Business Setting
Under the doctrine of unintentional tort, commonly referred to as negligence, a person is liable for harm