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How to do legal research in 3 steps

Knowing where to start a difficult legal research project can be a challenge. But if you already understand the basics of legal research, the process can be significantly easier — not to mention quicker.

Solid research skills are crucial to crafting a winning argument. So, whether you are a law school student or a seasoned attorney with years of experience, knowing how to perform legal research is important — including where to start and the steps to follow.

What is legal research, and where do I start? 

Black's Law Dictionary defines legal research as “[t]he finding and assembling of authorities that bear on a question of law." But what does that actually mean? It means that legal research is the process you use to identify and find the laws — including statutes, regulations, and court opinions — that apply to the facts of your case.

In most instances, the purpose of legal research is to find support for a specific legal issue or decision. For example, attorneys must conduct legal research if they need court opinions — that is, case law — to back up a legal argument they are making in a motion or brief filed with the court.

Alternatively, lawyers may need legal research to provide clients with accurate legal guidance . In the case of law students, they often use legal research to complete memos and briefs for class. But these are just a few situations in which legal research is necessary.

Why is legal research hard?

Each step — from defining research questions to synthesizing findings — demands critical thinking and rigorous analysis.

1. Identifying the legal issue is not so straightforward. Legal research involves interpreting many legal precedents and theories to justify your questions. Finding the right issue takes time and patience.

2. There's too much to research. Attorneys now face a great deal of case law and statutory material. The sheer volume forces the researcher to be efficient by following a methodology based on a solid foundation of legal knowledge and principles.

3. The law is a fluid doctrine. It changes with time, and staying updated with the latest legal codes, precedents, and statutes means the most resourceful lawyer needs to assess the relevance and importance of new decisions.

Legal research can pose quite a challenge, but professionals can improve it at every stage of the process . 

Step 1: Key questions to ask yourself when starting legal research

Before you begin looking for laws and court opinions, you first need to define the scope of your legal research project. There are several key questions you can use to help do this.

What are the facts?

Always gather the essential facts so you know the “who, what, why, when, where, and how” of your case. Take the time to write everything down, especially since you will likely need to include a statement of facts in an eventual filing or brief anyway. Even if you don't think a fact may be relevant now, write it down because it may be relevant later. These facts will also be helpful when identifying your legal issue.

What is the actual legal issue?

You will never know what to research if you don't know what your legal issue is. Does your client need help collecting money from an insurance company following a car accident involving a negligent driver? How about a criminal case involving excluding evidence found during an alleged illegal stop?

No matter the legal research project, you must identify the relevant legal problem and the outcome or relief sought. This information will guide your research so you can stay focused and on topic.

What is the relevant jurisdiction?

Don't cast your net too wide regarding legal research; you should focus on the relevant jurisdiction. For example, does your case deal with federal or state law? If it is state law, which state? You may find a case in California state court that is precisely on point, but it won't be beneficial if your legal project involves New York law.

Where to start legal research: The library, online, or even AI?

In years past, future attorneys were trained in law school to perform research in the library. But now, you can find almost everything from the library — and more — online. While you can certainly still use the library if you want, you will probably be costing yourself valuable time if you do.

When it comes to online research, some people start with free legal research options , including search engines like Google or Bing. But to ensure your legal research is comprehensive, you will want to use an online research service designed specifically for the law, such as Westlaw . Not only do online solutions like Westlaw have all the legal sources you need, but they also include artificial intelligence research features that help make quick work of your research

Step 2: How to find relevant case law and other primary sources of law

Now that you have gathered the facts and know your legal issue, the next step is knowing what to look for. After all, you will need the law to support your legal argument, whether providing guidance to a client or writing an internal memo, brief, or some other legal document.

But what type of law do you need? The answer: primary sources of law. Some of the more important types of primary law include:

• Case law, which are court opinions or decisions issued by federal or state courts
• Statutes, including legislation passed by both the U.S. Congress and state lawmakers
• Regulations, including those issued by either federal or state agencies
• Constitutions, both federal and state

Searching for primary sources of law

So, if it's primary law you want, it makes sense to begin searching there first, right? Not so fast. While you will need primary sources of law to support your case, in many instances, it is much easier — and a more efficient use of your time — to begin your search with secondary sources such as practice guides, treatises, and legal articles.

Why? Because secondary sources provide a thorough overview of legal topics, meaning you don't have to start your research from scratch. After secondary sources, you can move on to primary sources of law.

For example, while no two legal research projects are the same, the order in which you will want to search different types of sources may look something like this:

• Secondary sources . If you are researching a new legal principle or an unfamiliar area of the law, the best place to start is secondary sources, including law journals, practice guides , legal encyclopedias, and treatises. They are a good jumping-off point for legal research since they've already done the work for you. As an added bonus, they can save you additional time since they often identify and cite important statutes and seminal cases.
• Case law . If you have already found some case law in secondary sources, great, you have something to work with. But if not, don't fret. You can still search for relevant case law in a variety of ways, including running a search in a case law research tool.

Once you find a helpful case, you can use it to find others. For example, in Westlaw, most cases contain headnotes that summarize each of the case's important legal issues. These headnotes are also assigned a Key Number based on the topic associated with that legal issue. So, once you find a good case, you can use the headnotes and Key Numbers within it to quickly find more relevant case law.

• Statutes and regulations . In many instances, secondary sources and case law list the statutes and regulations relevant to your legal issue. But if you haven't found anything yet, you can still search for statutes and regs online like you do with cases.

Once you know which statute or reg is pertinent to your case, pull up the annotated version on Westlaw. Why the annotated version? Because the annotations will include vital information, such as a list of important cases that cite your statute or reg. Sometimes, these cases are even organized by topic — just one more way to find the case law you need to support your legal argument.

Keep in mind, though, that legal research isn't always a linear process. You may start out going from source to source as outlined above and then find yourself needing to go back to secondary sources once you have a better grasp of the legal issue. In other instances, you may even find the answer you are looking for in a source not listed above, like a sample brief filed with the court by another attorney. Ultimately, you need to go where the information takes you.

Step 3: Make sure you are using ‘good’ law

One of the most important steps with every legal research project is to verify that you are using “good" law — meaning a court hasn't invalidated it or struck it down in some way. After all, it probably won't look good to a judge if you cite a case that has been overruled or use a statute deemed unconstitutional. It doesn't necessarily mean you can never cite these sources; you just need to take a closer look before you do.

The simplest way to find out if something is still good law is to use a legal tool known as a citator, which will show you subsequent cases that have cited your source as well as any negative history, including if it has been overruled, reversed, questioned, or merely differentiated.

For instance, if a case, statute, or regulation has any negative history — and therefore may no longer be good law — KeyCite, the citator on Westlaw, will warn you. Specifically, KeyCite will show a flag or icon at the top of the document, along with a little blurb about the negative history. This alert system allows you to quickly know if there may be anything you need to worry about.

Some examples of these flags and icons include:

• A red flag on a case warns you it is no longer good for at least one point of law, meaning it may have been overruled or reversed on appeal.
• A yellow flag on a case warns that it has some negative history but is not expressly overruled or reversed, meaning another court may have criticized it or pointed out the holding was limited to a specific fact pattern.
• A blue-striped flag on a case warns you that it has been appealed to the U.S. Supreme Court or the U.S. Court of Appeals.
• The KeyCite Overruling Risk icon on a case warns you that the case may be implicitly undermined because it relies on another case that has been overruled.

Another bonus of using a citator like KeyCite is that it also provides a list of other cases that merely cite your source — it can lead to additional sources you previously didn't know about.

Perseverance is vital when it comes to legal research

Given that legal research is a complex process, it will likely come as no surprise that this guide cannot provide everything you need to know.

There is a reason why there are entire law school courses and countless books focused solely on legal research methodology. In fact, many attorneys will spend their entire careers honing their research skills — and even then, they may not have perfected the process.

So, if you are just beginning, don't get discouraged if you find legal research difficult — almost everyone does at first. With enough time, patience, and dedication, you can master the art of legal research.

Thomson Reuters originally published this article on November 10, 2020.

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How to Conduct Legal Research

September 21, 2021

Conducting legal research can challenge even the most skilled law practitioners.

As laws evolve across jurisdictions, it can be a difficult to keep pace with every legal development. Equally daunting is the ability to track and glean insights into stakeholder strategies and legal responses. Without quick and easy access to the right tools, the legal research upon which case strategy hinges may face cost, personnel, and litigation outcome challenges.

Bloomberg Law’s artificial intelligence-driven tools drastically reduce the time to perform legal research. Whether you seek quick answers to legal research definitions, or general guidance on the legal research process, Bloomberg Law’s Core Litigation Skills Toolkit has you covered.

What is legal research?

Legal research is the process of uncovering and understanding all of the legal precedents, laws, regulations, and other legal authorities that apply in a case and inform an attorney’s course of action.

Legal research often involves case law research, which is the practice of identifying and interpreting the most relevant cases concerning the topic at issue. Legal research can also involve a deep dive into a judge’s past rulings or opposing counsel’s record of success.

Research is not a process that has a finite start and end, but remains ongoing throughout every phase of a legal matter. It is a cornerstone of a litigator’s skills.

[Learn how our integrated, time-saving litigation research tools allow litigators to streamline their work and get answers quickly.]

Where do I begin my legal research?

Beginning your legal research will look different for each assignment. At the outset, ensure that you understand your goal by asking questions and taking careful notes. Ask about background case information, logistical issues such as filing deadlines, the client/matter number, and billing instructions.

It’s also important to consider how your legal research will be used. Is the research to be used for a pending motion? If you are helping with a motion for summary judgment, for example, your goal is to find cases that are in the same procedural posture as yours and come out favorably for your side (i.e., if your client is the one filing the motion, try to find cases where a motion for summary judgment was granted, not denied). Keep in mind the burden of proof for different kinds of motions.

Finally, but no less important, assess the key facts of the case. Who are the relevant parties? Where is the jurisdiction? Who is the judge? Note all case details that come to mind.

What if I’m new to the practice area or specific legal issue?

While conducting legal research, it is easy to go down rabbit holes. Resist the urge to start by reviewing individual cases, which may prove irrelevant. Start instead with secondary sources, which often provide a prevailing statement of the law for a specific topic. These sources will save time and orient you to the area of the law and key issues.

Litigation Practical Guidance provides the essentials including step-by-step guidance, expert legal analysis, and a preview of next steps. Source citations are included in all Practical Guidance, and you can filter Points of Law, Smart Code®, and court opinions searches to get the jurisdiction-specific cases or statutes you need.

Searching across Points of Law will help to get your bearings on an issue before diving into reading the cases in full. Points of Law uses machine learning to identify key legal principles expressed in court opinions, which are easily searchable by keyword and jurisdiction. This tool helps you quickly find other cases that have expressed the same Point of Law, and directs you to related Points of Law that might be relevant to your research. It is automatically updated with the most recent opinions, saving you time and helping you quickly drill down to the relevant cases.

How do I respond to the opposing side’s brief?

Whether a brief is yours or that of the opposing party, Bloomberg Law’s Brief Analyzer is an essential component in the legal research process. It reduces the time spent analyzing a brief, identifying relevant authorities, and preparing a solid response.

To start, navigate to Brief Analyzer available from the Bloomberg Law homepage, within the Litigation Intelligence Center , or from Docket Key search results for briefs.

Simply upload the opposing side’s brief into the tool, and Brief Analyzer will generate a report of the cited authorities and arguments contained in the brief.

You can easily view a comparison with the brief and analysis side by side. It will also point you directly to relevant cases, Points of Law, and Practical Guidance to jump start your research.

[ How to Write a Legal Brief – Learn how to shorten the legal research cycle and give your legal brief a competitive advantage.]

How to optimize your search.

Crafting searches is a critical skill when it comes to legal research. Although many legal research platforms, including Bloomberg Law, offer natural language searching, terms and connectors (also called Boolean) searching is still a vital legal research skill and should be used when searching across court opinions, dockets, Points of Law, and other primary and secondary sources.

When you conduct a natural language search, the search engine applies algorithms to rank your results. Why a certain case is ranked as it is may not be obvious. This makes it harder to interpret whether the search is giving you everything you need. It is also harder to efficiently and effectively manipulate your search terms to zero in on the results you want. Using Boolean searching gives you better control over your search and greater confidence in your results.

The good news? Bloomberg Law does not charge by the search for court opinion searches. If your initial search was much too broad or much too narrow, you do not have to worry about immediately running a new and improved search.

Follow these tips when beginning a search to ensure that you do not miss relevant materials:

• Make sure you do not have typos in your search string.
• Search the appropriate source or section of the research platform. It is possible to search only within a practice area, jurisdiction, secondary resource, or other grouping of materials.
• Make sure you know which terms and connectors are utilized by the platform you are working on and what they mean – there is no uniform standard set of terms of connectors utilized by all platforms.
• Include in your search all possible terms the court might use, or alternate ways the court may address an issue. It is best to group the alternatives together within a parenthetical, connected by OR between each term.
• Consider including single and multiple character wildcards when relevant. Using a single character wildcard (an asterisk) and/or a multiple character wildcard (an exclamation point) helps you capture all word variations – even those you might not have envisioned.
• Try using a tool that helps you find additional relevant case law. When you find relevant authority, use BCITE on Bloomberg Law to find all other cases and/or sources that cite back to that case. When in BCITE, click on the Citing Documents tab, and search by keyword to narrow the results. Alternatively, you can use the court’s language or ruling to search Points of Law and find other cases that addressed the same issue or reached the same ruling.

[Bloomberg Law subscribers can access a complete checklist of search term best practices . Not a subscriber? Request a Demo .]

How can legal research help with drafting or strategy?

Before drafting a motion or brief, search for examples of what firm lawyers filed with the court in similar cases. You can likely find recent examples in your firm’s internal document system or search Bloomberg Law’s dockets. If possible, look for things filed before the same judge so you can get a quick check on rules/procedures to be followed (and by the same partner when possible so you can get an idea of their style preferences).

Careful docket search provides a wealth of information about relevant cases, jurisdictions, judges, and opposing counsel. On Bloomberg Law, type “Dockets Search” in the Go bar or find the dockets search box in the Litigation Intelligence Center .

If you do not know the specific docket number and/or court, use the docket search functionality Docket Key . Select from any of 20 categories, including motions, briefs, and orders, across all 94 federal district courts, to pinpoint the exact filing of choice.

Dockets can also help you access lots of information to guide your case strategy. For example, if you are considering filing a particular type of motion, such as a sanctions motion, you can use dockets to help determine how frequently your judge grants sanctions motions. You can also use dockets to see how similar cases before your judge proceeded through discovery.

If you are researching expert witnesses, you can use dockets to help determine if the expert has been recently excluded from a case, or whether their opinion has been limited. If so, this will help you determine whether the expert is a good fit for your case.

Dockets are a powerful research tool that allow you to search across filings to support your argument. Stay apprised of docket updates with the “Create Alert” option on Bloomberg Law.

Dive deeper into competitive research.

For even more competitive research insights, dive into Bloomberg Law’s Litigation Analytics – this is available in the Litigation tab on the homepage. Data here helps attorneys develop litigation strategy, predict possible outcomes, and better advise clients.

To start, under Litigation Analytics , leverage the Attorney tab to view case history and preview legal strategies the opposition may practice against you. Also, within Litigation Analytics, use the Court tab to get aggregate motion and appeal outcome rates across all federal courts, with the option to run comparisons across jurisdictions, and filter by company, law firm, and attorney.

Use the Judge tab to glean insights from cited opinions, and past and current decisions by motion and appeal outcomes. Also view litigation analytics in the right rail of court opinions.

Docket search can also offer intel on your opponent. Has your opponent filed similar lawsuits or made similar arguments before? How did those cases pan out? You can learn a lot about an opponent from past appearances in court.

How do I validate case law citations?

Checking the status of case law is essential in legal research. Rely on Bloomberg Law’s proprietary citator, BCITE. This time-saving tool lets you know if a case is still good law.

Under each court opinion, simply look to the right rail. There, you will see a thumbnail icon for “BCITE Analysis.” Click on the icon, and you will be provided quick links to direct history (opinions that affect or are affected by the outcome of the case at issue); case analysis (citing cases, with filter and search options), table of authorities, and citing documents.

How should I use technology to improve my legal research?

A significant benefit of digital research platforms and analytics is increased efficiency. Modern legal research technology helps attorneys sift through thousands of cases quickly and comprehensively. These products can also help aggregate or summarize data in a way that is more useful and make associations instantaneously.

For example, before litigation analytics were common, a partner may have asked a junior associate to find all summary judgment motions ruled on by a specific judge to determine how often that judge grants or denies them. The attorney could have done so by manually searching over PACER and/or by searching through court opinions, but that would take a long time. Now, Litigation Analytics can aggregate that data and provide an answer in seconds. Understanding that such products exist can be a game changer. Automating parts of the research process frees up time and effort for other activities that benefit the client and makes legal research and writing more efficient.

[Read our article: Six ways legal technology aids your litigation workflow .]

Tools like  Points of Law ,  dockets  and  Brief Analyzer  can also increase efficiency, especially when narrowing your research to confirm that you found everything on point. In the past, attorneys had to spend many hours (and lots of money) running multiple court opinion searches to ensure they did not miss a case on point. Now, there are tools that can dramatically speed up that process. For example, running a search over Points of Law can immediately direct you to other cases that discuss that same legal principle.

However, it’s important to remember that digital research and analytical tools should be seen as enhancing the legal research experience, not displacing the review, analysis, and judgment of an attorney. An attorney uses his or her knowledge of their client, the facts, the precedent, expert opinions, and his or her own experiences to predict the likely result in a given matter. Digital research products enhance this process by providing more data on a wider array of variables so that an attorney can take even more information into consideration.

[Get all your questions answered, request a Bloomberg Law demo , and more.]

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--Supreme Court Justice and former HLS Dean Elena Kagan, 2007

One of the major initiatives that came out of this review was the Problem Solving Workshop, a required first-year program aimed at practical lawyering skills. View this short video about the Problem-Solving Workshop:

Harvard’s curricular review in 2004 challenged the accepted way of teaching law. In 2007, HLS Dean Martha Minow and Professor Todd Rakoff published these findings, "A Case for Another Case Method," in the Vanderbilt Law Review.

The Langdellian case method , which focused on "a retrospective view of facts," was falling short in teaching critical problem solving skills. What law school needed, according to Minow and Rakoff, was a new way to simulate “legal imagination.”

Minow and Rakoff wrote: "What [students] most crucially lack ... is the ability to generate the multiple characterizations, multiple versions, multiple pathways, and multiple solutions, to which they could apply their very well-honed analytic skills."

To that end, Harvard Law School instituted the Problem Solving Workshop, a required first-year course that teaches problem solving skills through the case study method . The Problem Solving Workshop encourages the use of case studies throughout the HLS curriculum.

Now, several faculty initiatives produce case studies at Harvard Law School.  

The Case Development Initiative 

The Case Development Initiative   creates case studies for J.D. and Executive Education classes. HLS faculty use case studies to teach a variety of legal topics, including career dilemmas that lawyers face and management issues that law firms and professional service firms experience. These case studies expose participants to real-world problems that lawyers and firm leaders confront, and help them work through possible approaches and solutions. CDI was founded by Professor Ashish Nanda and is now directed by Dr. Lisa Rohrer.

Great for: discussion-based case studies, law and business, management , professional development

Sample Teaching Units: Professional Development for In-House Counsel , Professional Development for Law Firms , Leadership

Additional Information:   The Case Development Initiative at Harvard Law School

Harvard Negotiation and Mediation Clinical Program

The Harvard Negotiation and Mediation Clinical Program , directed by Professor Robert Bordone , developed several role plays for an advanced negotiation workshop at HLS. The course, Multiparty Negotiation, Group Decision Making, and Teams , enables students to participate in and conduct complex, multiparty negotiations. "Lawyers and other professionals, irrespective of their specialty, find themselves party to negotiations with multiple (more than two) principals all the time," explains Bordone. "This course combines theory and practice to give students an opportunity to hone their skills in multiparty settings."  Students work in teams to address complex, global, and professional issues. The advanced workshop integrates intellectual and experiential learning by combining readings, lectures, and discussions with frequent exercises, extensive review, live and filmed examples, individual and small group reviews, and analysis of the negotiation process and the process of learning from experience.

Great for: role plays, multiparty negotiation, DVDs , mediation

Sample Teaching Units: Critical Decisions in Negotiation

Program on Negotiation 

Program on Negotiation materials use real events or fictionalized versions of events to teach negotiation and mediation theory, issues, and practice. These materials can take the form of a discussion exercise, a role playing game, a dilemma-based case study, or a factual account of a negotiation event. Events and historical contexts, such as the rise of organized labor in the United States, the conflict between Catholics and Protestants in Northern Ireland, and the history of Zionists and Arabs in the Middle East, catalyze discussion and debate on negotiation and dispute resolution.

Great for: role plays, historical case studies, negotiation, value-based conflict resolution, water rights and environmental management, examples of Great Negotiators

Sample Teaching Units: Mediating Value-Based Conflict

Problem Solving Workshop 

Problem Solving Workshop materials immerse students in the type of real-world problems faced every day by practicing lawyers. The case studies present the problem at hand and provide readings on related theory, excerpts of relevant law, and other illustrative documents, such as contracts and leases. Students complete team assignments and exercises that include tasks such as drafting a press release as general counsel of a toy company in trouble; determining, as an associate at a law firm, the possible actions open to a client facing a harassment change from a tenant; or deciding, as a new Assistant U.S. Attorney in New York, whether—and how—to charge someone with Section 8 housing fraud. Professors   Todd Rakoff   and   Joseph Singer lead the PSW teaching group, which develops new materials yearly.

Great for: workshop-based case studies , 1Ls, J.D. programs, lawyering, problem solving , free materials

Sample Teaching Units: Problem Solving Workshop , Advanced Problem Solving Workshop: Cyberlaw, Intellectual Property, and Internet & Society

Additional Information: Information Law and Policy: Advanced Problem Solving Workshop

Case Studies Program 

The Case Studies Program supports additional HLS faculty in developing case studies.

Great for:  discussion-based case studies

Sample Teaching Units:  Decision Making and Leadership in the Public Sector

Next:  The Case Study Teaching Method  >>

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• Project CLIMB

Case Study Analysis

Toolkit for Legal Interpreters

• Skill Development
• Activity: Case Study Analysis

Legal Interpreting Skill Development:

This activity guide enhances legal interpreting skills by exploring an aspect of the legal system and the work of interpreters through the analysis of a real-life legal situation. It provides a structure for analyzing case studies. Cases for analysis can be found in Trial Transcripts .

What is Case Study Analysis?

For the purpose of the Toolkit for Legal Interpreters, CASE STUDIES are documented specific real-life legal situation/scenario - such as a transcript of an actual trial - used as a teaching tool in helping interpreters gain a deeper understanding of some aspect of the legal system and their work as interpreters within that system.

A case study that involves a transcript of an actual trial can also help interpreters gain a deeper understanding of the law and its application to specific legal issues, as well as an appreciation for legal procedure and processes. If the CASE STUDY involves an ethical dilemma that legal interpreters might confront, then the process of analysis enables interpreters to gain a greater understanding of how to apply ethical standards and practices to interpreting in the legal system.

The process of analysis requires interpreters to identify key elements of the case and to discuss the implications for interpreting and/or possible actions an interpreter must take as part of their interpretation process, and requires that they support their findings by the line of reasoning employed and assumptions made.

• SKILL DEVELOPMENT
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• Trial Transcripts

Preparing a Case Study Analysis

Select one of the trial transcripts from the Toolkit to analyze.

Many of the cases are not specific to Deaf individuals, but rather focus on an issue of law that is important for interpreters to understand. As an alternative, you can do an internet search for a trial of your interest to use for the purpose of analysis.

For example, here are the transcripts for both the criminal and civil trial of  O.J. Simpson . As well, there are a selection of trial transcripts available through the John Jay College of Criminal Justice's Lloyd Sealy Library .

Read through the transcript.

As you read through the transcript, take notes, highlight relevant facts, and underline legal terminology. Where in doubt, look up the meaning of the legal terms and consider the application of the meaning to the particular case you are analyzing. This will expand your understanding of the case.

Prepare an Executive Summary.

This is a synopsis of the trial generated in either written English or ASL (taped). Create an accurate and concise description of the trial/case OR the portion of a trial or case you are reviewing.

What is the citation of the trial; what is the legal issue(s) being tried; what are the compelling facts related to the issue; what is the central position of each side of the issue (the position of the plaintiff/prosecutor and the position of the defendant) and what are the key points to their argument; what is the outcome of the trial?

Also provide a list of the primary “players” - the names and gender of the attorneys, plaintiffs, defendants, judge, witnesses, etc. If expert witnesses were used, identify their area of expertise and which side of the case called them. Provide a brief summary of what the focus of their expert testimony was and what it contributed to the matter before the court.

NOTE:  These are two samples of a citation of a case.  

• United States of America, Plaintiff v. James Graystone and Phillip Myers, Defendants Criminal Case #2016-10327-GOA
• Marcia Smith Polinski, Plaintiff v. Harold Richard Polinski, Defendant Civil Case #98-20334

Discuss the Case from the Perspective of an Interpreter.

The case you are studying may or may not have Deaf individuals involved. However, for the purpose of the analysis, discuss the implications of the case from the perspective of an interpreter - assuming there are Deaf individuals involved in some capacity as a witness, victim/plaintiff, defendant, or juror. Answer the following questions. These questions can be answered in written English or ASL (taped).

What are the primary factors to consider when staffing this case with an interpreting team? How would the factors differ if the Deaf individual(s) involved was/were the plaintiff, the defendant, a witness, an expert witness, juror or interested person observing the trial.

Assuming the role of the proceedings interpreter, what are the primary issues and/or challenges to consider and what would you need to do to prepare for in interpreting this particular case? Prove each issue or challenge you have identified is genuinely a concern by providing supporting evidence you have discovered in the case study and by discussing theory and/or what you have learned from your course content.

What tools and/or resources would you require to assist you in your work as a proceedings interpreter? What is the rationale/reasoning for using the specific tools and resources you identified?

What cultural, linguistic, or racial issues surfaced or might surface in this particular case? What is the implication of these issues for the interpreter, the consumers, the jury?

What matters of law or questions of legal and/or interpreting procedure do you have as a result of studying this case? How can you go about finding the information you seek? Select two of the legal or procedural questions you identified and do the research/outreach necessary to find the answers and provide a summary of your findings.

Cite the references and/or expert informants you relied upon in formulating your responses to these questions.

Summarize Your Observations.

As with the other sections, you can convey your summary in written English or ASL (taped). In the summary, reflect on the analysis process and respond to the following questions:

What is your reaction to the case as a whole? How does the case and the outcome impact you as an individual - separate from your work as an interpreter? Are there experiences you have had in your life that give you a particular observation or reaction to this case? How might these observations and reactions impact your work as an interpreter? As you leave this case, what impressions do you have about the legal system, the outcome of the case, and the work of interpreters within the legal system?

What new information about the law, legal system and/or interpreting did you learn as a result of analyzing this case? How do you see yourself applying this information as an individual and interpreter practitioner? 

What questions still remain for you as a result of this case analysis? How can you go about finding the answers to these questions?

Group Analysis

The following six group exercises could be done with small groups or one individual student working with another individual student.

• A group of students (3-4) can be assigned this task and divide up the elements of the analysis and then work together to discuss their findings and create the final analysis to submit to the mentor. 
• Multiple groups of students can analyze the same case and then engage in a facilitated discussion to identify their similarities and differences. Everyone’s understanding of the case will be expanded by listening to the perspectives and findings of other students about the same case.
• One small group of students can present their case analysis to another small group of students who analyzed a different case and they can each discuss their observations and questions. Each group of students presents its case analysis to the other group for feedback and discussion.
• Students can argue one perspective on the case, almost in a debate format - the plaintiff/prosecutor or the defendant’s perspective - offering facts and evidence drawn from the case analysis. Ideally, students will have the opportunity to argue a perspective that is different from their own some of the time so that they can strengthen their understanding of legal principles and strategy. 
• Students can exchange their final case analysis with one another and provide feedback to each other. In providing feedback, students will consider the following.
• What were the parts of the analysis you felt were the strongest and most impactful and why?
• What were the parts of the analysis you felt were the weakest and least impactful and why?
• What new insight did you, as the reviewer, take away from the analysis?

A PDF version of this guide is available - Case Study Analysis

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The contents of the Project CLIMB website was developed under a grant (#H160D160001) from the Department of Education. The contents do not necessarily represent the policy of the Department of Education. Do not assume endorsement by the Federal government.

As of December 31, 2021, this grant project is no longer active or soliciting applications. This website will remain available as a resource.

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• Int J Environ Res Public Health

Informed Consent: Legal Obligation or Cornerstone of the Care Relationship?

Margherita pallocci.

1 Department of Biomedicine and Prevention, University of Rome “Tor Vergata”, 00133 Rome, Italy

Michele Treglia

Pierluigi passalacqua.

2 Department of Public Health and Infectious Diseases, Sapienza University of Rome, 00185 Rome, Italy

Roberta Tittarelli

Claudia zanovello, lucilla de luca, valentina caparrelli, vincenzo de luna.

3 Department of Clinical Science and Translational Medicine, Section of Orthopedics and Traumatology, University of Rome “Tor Vergata”, 00133 Rome, Italy

Alberto Michele Cisterna

4 XIII Section, Civil Court of Rome, 00192 Rome, Italy

Giuseppe Quintavalle

5 Fondazione Policlinico “Tor Vergata”, 00133 Rome, Italy

Luigi Tonino Marsella

Associated data.

Not applicable.

The topic of informed consent has become increasingly important in recent decades, both in the ethical-deontological field and as a duty of law. The review covered all sentences issued by the 13th section of the Civil Court of Rome during the period January 2016–December 2020. During this period, 156 judgments were found in which a breach of consent was required; in 24 of these, specific liability was proven, and the corresponding compensation liquidated. Moreover, 80% of the cases concerned the lack of information provided. The most involved branches were those related to surgical areas: general surgery, plastic surgery and aesthetic medicine and orthopaedics. The total amount of compensation paid was EUR 287,144.59. The research carried out has highlighted how, in a broad jurisprudential context, the damage caused by the violation of the right related to informed consent is considered, and how it impacts on the economic compensation of damages. Additionally, it showed that the areas most affected by the information deficit are those related to the performance of surgical activities, which are characterized by greater invasiveness and a higher risk of adverse events. The data reported underline the exigency to consider informed consent not as a mere documentary allegation but as an essential moment in the construction of a valid therapeutic alliance, which is also useful for avoiding unnecessary litigation that is becoming increasingly burdensome for healthcare systems all over the world.

1. Introduction

The informed consent doctrine, with particular reference to the field of healthcare, relies on professional ethics-related aspects rather than on purely medical procedures. It is only in the second half of the last century that the informed consent doctrine became part of various legal systems, having its conceptual origins in the United States at the beginning of the twentieth century. Previously, patient clinical information was mostly left unspoken of, in accordance with the Hippocratic oath stating that physicians have to reveal nothing to their patients about their future or present clinical condition [ 1 ]. This attitude relied on a paternalistic doctor–patient relationship until a few decades ago. Over time, along with the evolution of medical science, a step forward was made in approaching the physician–patient relationship, leading to the consideration of patients as real decision-makers about their own healthcare and treatments.

One of the first legal cases concerning the acknowledgment of the patient’s right to be informed and to self-determination about his/her health dealt with the American case Shloendorff v. New York Hospital in 1914. The landmark judgment about the aforementioned judicial matter stated that “… Every human being of adult years and sound mind has a right to determine what shall be done with his own body; and a surgeon who performs an operation without his patient’s consent, commits an assault, for which he is liable in damages … ” [ 2 ].

The first time “informed consent” appeared in a medical-related judgment was on October 22, 1957 in a malpractice judgment from California Court of Appeals—Salgo v. Leland Stanford Jr. University Board of Trustess. In this case, the court concluded that: “A physician violates his duty to his patient and subjects himself to liability if he withholds any facts which are necessary to form the basis of an intelligent consent by the patient to the proposed treatment … in discussing the element of risk a certain amount of discretion must be employed consistent with the full disclosure of facts necessary to an informed consent …” [ 3 ].

At the international level, the transposition of this principle can be related to what emerged from the famous Doctors’ Trial held in Nuremberg in 1947 against Nazi doctors, which stated the mandatory consent by the concerned party to undergo health treatments and scientific research protocols [ 4 ]. In Europe, the recognition of the above-mentioned principles may also be found in various documents, most notably the Charter of Fundamental Rights of the European Union providing that: “in the medical field and biology, the following requirements are needed: the free and informed consent by the person concerned, in the manner laid down by law”.

Respect for everyone’s right to self-determination in health care decisions has also involved some specific aspects such as the ability to make choices, the right to obtain a free, prior and informed consent of the party concerned, and the possibility to donate one’s body to medical science after death, a choice that is currently protected by specific laws in much of the world [ 5 ].

At a global level, as a result of this conceptual progress, various countries have made efforts to promote, through specific regulations, compliance both with autonomy and, consequently, with informed consent in the health field.

Looking at the Italian scenario, before the introduction of a specific law, the Italian Constitutional Court approached the informed consent issue in judgment no. 438 of 23.12.2008, providing an informed consent intended as the expression of conscious compliance with any medical treatment proposed by healthcare professionals and as a real individual’s right according to the rules stated in Art. 2 of the Constitution, protecting and promoting their fundamental rights, and in Articles no. 13 and 32 of the Italian Constitution.

Following the aforementioned judgment, Law No. 219/2017 entitled “Provisions for informed consent and advance treatment directives” was introduced in Italy, published in the Italian Official Gazette in January 2018. With this regulatory action, particular attention has been given to the doctor–patient relationship and the resulting care relationship as prerequisites to informed consent which, in turn, brings into focus both patient and doctor autonomy in clinical decision making as well as the physician’s ensuing liability [ 6 , 7 ]. This law also introduced into the Italian legislative framework for the first time the opportunity for each citizen, in the event of his or her future inability to self-determine, to define in advance to which treatments he or she will be subjected [ 8 ].

Therefore, it is evident that in the healthcare field, informed consent has long become an act both of legal and ethical-deontological relevance. In recent literature, the topic of the legal aspects related to informed consent has been addressed by considering not only its reflections in daily practice, but in relation to specific situations of current relevance such as the practice of telemedicine [ 9 ] and the digitization of health systems [ 10 ], biomedical research [ 11 ], and palliative and end-of-life care [ 12 ].

Regarding the duty to inform, it should be noted that information standards vary according to the legal system. For instance, two distinct models called ‘reasonable medical practitioner’ and ‘reasonable patient standard’ have been proposed in recent years. According to the first model, the amount of information should conform to what a reasonable doctor in that situation would provide, whereas in the case of the second model, the level of information should concern what a standard patient would want to know about his or her specific situation [ 13 ].

Therefore, with regard to the legal implications, the omission or lack of prior information to be provided to the patient and the obtaining of valid informed consent can be considered elements of liability for healthcare professionals and may lead to compensation for damage with the risk of being charged with damages resulting both from harm and the breach of the right to self-determination. Law no. 219/2017, Art. 1 paragraph 1 states that “… no health treatment can be started or continued without the free and informed consent of the person concerned, except in cases expressly provided for by law…” [ 14 ], and Art. 1 paragraph 4 refers to the ways by which consent must be acquired (“documented in writing or through video recordings or, for the disabled person, through devices that allow them to communicate…”), ruling the terms and procedures guidelines on informed consent. In addition, the aforementioned Law states that “the time of communication between doctors and patients constitutes healthcare time”, thus emphasizing the importance of promoting and enhancing a trusty physician–patient relationship. Moreover, according to the intention of the Italian legislator, the time spent communicating with the patient is an integral part of the health treatment path as it is always in the best interest of the patient in order to protect him/her from harm [ 15 ].

The aim of our research is to present the data relating to the phenomenon of medical malpractice resulting from non-compliance with the informed consent regulations through the analysis of the judgments from the Civil Court of Rome.

2. Materials and Methods

The retrospective review covered all judgments issued by the Judges of the Civil Court of Rome, XIII Section, published between January 2016 and December 2020. Only first instance judgements were taken into consideration, excluding both second instances, as well as those issued by the Supreme Court of Cassation. The XIII Section of the Civil Court of Rome deals with professional liability trials, including the medical field. The University of Rome “Tor Vergata” and the Civil Court of Rome signed an agreement, for which the court provided the judgments for analysis. The research was initially performed using the keywords “medical liability” and “medical professional”. The documents were saved in PDF format and anonymized to preserve the litigants’ personal identities and remove any connection between the tort in question and specific individuals or institutions. At the end of the anonymization phase, out of 1190 total documents (of which 23 duplicates were deleted), only 1167 underwent a preliminary analysis, performed by three different auditors skilled in medical professional liability, which led to a further exclusion of 50 documents not referable to medical negligence issues, but rather concerning, more specifically, veterinary and car accident liability.

The second step involved the analysis of 1117 documents exclusively relating to medical malpractice cases. For the analysis, a work grid was used to process the data, using the EXCEL program (Office 365) to systematize the data mining.

The grid was also set up with some locked fields, to minimize the inter-individual variability between the three auditors. The items present in the columns of the excel grid were: judgment no., occurrence year, publication year of the judgment, medical specialty involved, type of negligence/liability sued and recognized, type of damage (injury/death), type of parties involved (public/private facility or single healthcare worker), outcome of the trial, and compensation paid. At the end of this step, 156 judgments concerning informed consent omission or violation were investigated ( Figure 1 ).

Flowchart reassuming the process of document selection.

In the 5-year period in question, 156 lawsuits were found in which compensation was claimed, as the alternative, for the infringement (i.e., omission or poor consent) by health professionals of the obligation to provide comprehensive information to patients, which is 14% of the total of judgements in the medical professional liability field, most of which were introduced in 2013–2014 ( Figure 2 ). The average duration of the legal proceedings (period between the date of registration of the lawsuit and the date of issue of the judgment) was equal to 4.6 years.

Number of judgements introduced per year.

Liability from omitted or poor consent with related compensation for damages was explicitly awarded in 24/156 judgments, or 15.4% of the total claims. There was a significantly lower conviction rate compared with the total medical malpractice convictions of the period in question, which amounted to 55% [ 16 ]. With regard to the total of the analysed judgments, the convictions for omitted or poor consent were 2.14%.

When considering the medical specialties most frequently involved in medical liability for breaching the informed consent regulation, the leading role of those related to surgery was noted. In particular, general surgery was involved in 31 cases, plastic surgery and orthopaedics in 20 cases each, gynaecology-obstetrics in 17, and neurosurgery and dentistry in 12 cases each. The conviction rate for the above-mentioned specialties varied from a minimum of 15% (orthopaedics) to a maximum of 33.3% (neurosurgery) ( Figure 3 ).

Number of causes (green) divided per branch and related convictions (blue).

With reference to the informed consent obligation breaching, it should be noted that although in 22/156 cases the Judge and the Technical Consultant found some kind of deficiency at the time of obtaining informed consent, no damage was eligible for compensation.

As regards the type of infringement and considering all the legal cases in which it was detected (also including those in which no damage was found to be eligible for compensation), in 10 cases we observed the absence of any evidence concerning informed consent, while in 41 cases, the informed consent forms attached to the medical record were considered vague, inconsistent and improper for providing the information needed ( Figure 4 ). In such cases, the forms were usually generic, pre-printed and, in two cases, lacking in the doctor’s and/or patient’s signature.

Cases of violations of consent admitted by the Court.

Finally, the data relating to the amount of compensation paid for damages from the infringement both of informed consent obligations ( Table 1 ) and the patient’s right to self-determination were extracted. The total amount paid over the years of investigation was EUR 287,144.59, not including interest for late payment, legal fees and the judge’s consultant’s fee.

Compensation paid in the period of investigation.

4. Discussion

As noted in the introduction, informed consent has now taken on the characteristics of a legal act, which, in order to be relevant and valid, must necessarily be provided by individuals with this right (i.e., medical decision-making capacity and being free to act), entitled to provide consent and to appreciate the meaning of the related implications, including benefits and risks, of a specific medical procedure recommended to them. In the health field, therefore, respect for the patient’s decision-making autonomy is made manifest by the process underlying informed consent.

According to the legal medical doctrine, informed consent must be personal, free, current, expressed, aware, required, specific, participatory and revocable at any time. In this regard, some authors [ 17 ] raised concern about informed consent forms delivered to patients: they cannot always be considered effective tools for an informed choice or for a discharge from medical liability.

In this context, criticism is aimed at the information session which is no longer or not so much a time spent with the patient for disclosing information about the medical treatment path, but rather a moment for the fulfilment of legal and bureaucratic formalities [ 18 ]. In some circumstances, this undue attention to the legal aspects has led to an increasing loss of the real meaning of informed consent, which is the certainty that the patient has really understood what is proposed to him/her in terms of a diagnostic-therapeutic path.

It should also be noted that this deviation, in which the information session and conversation with the patient takes second place compared to the mere signing of forms, has a dangerous impact, as a boomerang effect, on the quality of the medical care and, under some circumstances, even on the outcomes of the medical treatments, thus paradoxically increasing the potential risk of medical malpractice lawsuits.

Some authors have pointed out the so-called “anticipatory anxiety” phenomenon, to emphasize the impact (e.g., in the surgical field) that complete and comprehensive information during the pre and post operative care period can have on the ability to manage and deal with surgical anxiety. According to this approach, a patient who is properly informed on what to expect would develop a sort of “psychological immunity” [ 18 ] with evident positive effects also, for example, on the postoperative pain reduction and the consequent need to take pain-relievers, together with a more rapid discharge [ 19 ] and, therefore, a higher level of general satisfaction with the health service received.

If on the one hand what was said above shows the importance and usefulness of informing patients properly and comprehensively, on the other, against these results, some authors highlight how the disclosure of clinical information relating, for example, to surgery, might have negative effects known as the “nocebo effect” even when they are completely non-attributable to any doctor’s liability.

The nocebo effect is a phenomenon occurring when patients, being aware of possible side effects in response to a medical treatment, experience a possible worsening of their clinical conditions [ 20 ]. It is believed that the nocebo effect can be triggered by the patient’s anticipatory anxiety and his/her expectation of adverse effects [ 21 ].

From an ethical perspective, the onset of such an effect could represent a dilemma between the obligation to inform and the duty to protect patients’ health avoiding adverse effects [ 21 ].

The results of this research have shown that liability for omissions in informed consent provision, even though outnumbered if compared to other medical malpractice lawsuits, cannot be underestimated in light of the indirect impact that omitted or lacking information can determine in terms of dissatisfaction and quality of care. Furthermore, it is crucial, in order to limit the spread of the phenomenon and to reduce, if possible, the impact of medical malpractice, to carry out an in-depth analysis aiming at highlighting the causative roots of the issue.

Regarding the violation of informed consent-related medical malpractice, in the general climate of conceptual and jurisprudential evolution delineated in the introduction, the Italian Court of Cassation in 2019 has detected several hypotheses that may result from omitted or poor information as indicated briefly below: “

• a)   Omitted/poor information attributable to any medical procedure to which the patient would not have undergone, in the same health conditions, hic et nunc but that harmed the patient’s health resulting from the physician misconduct. In this case, the compensation shall be limited only to direct health damages suffered by the patient, in its double aspect, moral and relational;
• b)   Omitted/poor information attributable to any medical procedure that harmed the patient’s health resulting from the physician misconduct and to which the patient would not have undergone. In this case, the compensation shall concern the patient’s right to health and self-determination;
• c)   Omitted/poor information attributable to any medical procedure that harmed the patient’s health (even in case of a worsening of his/her pre-existing health conditions) due to the non-negligent conduct of the physician and to which the patient would not have undergone. The compensation shall be paid on an equitable basis according to the breach the right to self-determination regulation. On the contrary, the health damage (to be intended in any case in causation to the medical misconduct, since in the event of a proper information the medical procedure would not have been performed) shall be judged with respect to any possible “differential” situation …
• d)   Omitted information related to a medical procedure that did not harm the patient’s health, to which he/she would not have undergone anyway. In this case, no compensation shall be paid;
• e)   Omitted diagnosis/misdiagnosis that did not harm the patient’s health, but which nevertheless prevented him/her from accessing more accurate and reliable medical examinations. In this case, the damage from the breach of the right to self-determination shall be unrefunded unless the patient’s allegations show that he/she suffered from harmful consequences, of a non-pecuniary nature, in terms of subjective suffering following a worsening of physical and psychological health due to the omitted, improper or poor information… “(Italian Court of Cassation decision no.28985/2019).

With this decision, the Supreme Court (which is at the apex of ordinary jurisdiction in Italy) has in practice outlined a jurisprudential guideline to be followed in the field of professional liability deriving from a lack of or inadequate consent.

What emerged in most of the analysed lawsuits was the vagueness of the information forms provided for patients’ attention, especially the paucity of information regarding any possible alternative treatment option (considered as information to be provided as per Law 219/2017) with respect to the one proposed and the absence of data on risks and complications, when reasonably predictable.

It should be noted that in the literature the legal doctrine regarding informed consent tends to focus excessively on mere allegations proving the provision of information without taking into account patients’ comprehension level. In this regard, it has been reported that the failure rate in terms of understanding by patients exceeds 90% [ 22 ]. This suggests one of the reasons that may underlie the claim, also with reference to the cases we have analysed. Indeed, it is possible that some of the cases for which lawsuits are proposed for breaches of consent may simply be induced by a low level of understanding on the part of the patient, a situation that health care providers should take into account as potentially avoidable.

However, it should be remembered that medical science is not always able to obtain adequate levels of certainty such as to ensure a clear and precise decision-making process. In the literature, several authors have dealt with the importance of being able to communicate even uncertainty about the clinical outcomes, especially when it is difficult, on the basis of scientific data, to ensure a complete healing.

On such occasions, also for the preventive purposes of any future medical malpractice claims, it is advisable to achieve a real therapeutic alliance, based not on the mere attachment of forms which are sometimes of poor medico-legal value, but rather on a relationship recognizing and sharing the cognitive and affective implications of uncertainty and in which informed consent may have a key clinical role [ 23 ].

The data obtained concerning the medical specialties mostly involved in medical malpractice claims, due to the breach of the informed consent regulation, confirmed what was reported by other authors on the prevalence of those associated with surgical procedures [ 24 ]. In fact, in the surgical context, the medical act is characterized by a certain degree of invasiveness and risk of failure and in which the achievement of an adequate awareness on the part of the patient is deeply required, especially with regard to the realistically obtainable outcomes.

The examination of the convictions rate with respect to the total number of legal cases, has shown interesting data relating to neurosurgery: although it is the third medical specialty by frequency and number of lawsuits, it presents a higher risk of being charged with damages resulting from the lack of informed consent. According to a US study, liability for damages from the infringement of informed consent regulation in neurosurgery for brain tumour represents the second most common reason for medical malpractice claims, with the lack of diagnosis being the unique frequent cause [ 25 ].

With regard to the compensation paid, the data reported, if compared with previous Italian research carried out on a similar case study [ 24 ], show an increase in the amount of compensation paid for this specific type of damage as well as in the average amount paid. The criterion used was purely equitable, i.e., based on the so-called “equitable discretion of the court”, a parameter subject to criticism as a result of a certain degree of unpredictability of the payable compensation as shown by the results of the present case study in which the compensation paid ranges between EUR 2000 and 50,000.

This rise, represented both by the number of sentences and by the entity of the relative compensation paid, could be explained by a greater awareness of the importance of this aspect in the clinical and, above all, legal field (also evidenced by the introduction of a dedicated law in the Italian legal system) and by the general change in the figure of the patient-citizen, a subject who appears to be the depositary of ever greater rights, first and foremost, in the health setting, the right to health and self-determination. A further interesting aspect emerging from the judgments is related to the exclusion of medical procedures from certain insurance policies in the event of damages following the lack of informed consent, with healthcare professionals taking on the duty to compensate the damage out of their own pockets. This kind of exclusion from healthcare policy might change the final goal to obtain informed consent, reducing it to a moment of mere legal significance, useful for avoiding lawsuits for professional liability.

5. Conclusions

The duplicity of the concept of informed consent has now become a reality that we should all be aware of. In fact, if on the one hand, from a strictly clinical point of view, it represents a moment of conversation and sharing between the physician and the patient, the real foundation of a conscious relationship of care, on the other, it should be considered that the informed consent doctrine was born and consolidated in the legal and jurisprudential field.

The research carried out has highlighted how any breach or lack of informed consent may lead to legal proceedings and the related implications in terms of compensation. The topic, rarely addressed in the literature, appears to be extremely up to date, as healthcare systems are facing a real social revolution, in which patients’ demands for health also involve a greater emphasis on patient involvement and the consequent respect for their decision-making autonomy.

It should be emphasized that the prejudice resulting from the violation of the patient’s right to self-determination due to a lack of or inadequate information by the health care provider, represents a form of professional liability that is entirely foreseeable. Just as preventable are the related costs, represented by both the compensation paid and the associated expenses (court costs), which in most cases burden the budgets of healthcare facilities (in Italy, mainly public and therefore state-funded) and individual healthcare professionals.

The data relating to the reasons given in the judgment were particularly significant. In fact, it has been pointed out that one of the most critical issues is represented by the vagueness and generic nature of the information form provided. Therefore, it seems clear that informed consent should not be considered as a mere signature on a sheet of paper. It is precisely the preventability of such cases that makes it obvious for healthcare facilities and professionals, in order to avoid unnecessary compensation, to equip themselves with all those tools, including communication tools, which make it possible to guarantee the construction of a solid therapeutic alliance with the patient.

Funding Statement

This research received no external funding.

Author Contributions

Conceptualization, M.T. and M.P.; methodology, M.P., R.T. and P.P.; formal analysis, M.P., C.Z. and L.D.L.; investigation, P.P.; data curation, V.C.; writing—original draft preparation, M.P. and V.D.L.; writing—review and editing, P.P.; supervision, A.M.C.; G.Q. and L.T.M. All authors have read and agreed to the published version of the manuscript.

Institutional Review Board Statement

Informed consent statement, data availability statement, conflicts of interest.

The authors declare no conflict of interest.

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Home » Case Study – Methods, Examples and Guide

Case Study – Methods, Examples and Guide

Table of Contents

A case study is a research method that involves an in-depth examination and analysis of a particular phenomenon or case, such as an individual, organization, community, event, or situation.

It is a qualitative research approach that aims to provide a detailed and comprehensive understanding of the case being studied. Case studies typically involve multiple sources of data, including interviews, observations, documents, and artifacts, which are analyzed using various techniques, such as content analysis, thematic analysis, and grounded theory. The findings of a case study are often used to develop theories, inform policy or practice, or generate new research questions.

Types of Case Study

Types and Methods of Case Study are as follows:

Single-Case Study

A single-case study is an in-depth analysis of a single case. This type of case study is useful when the researcher wants to understand a specific phenomenon in detail.

For Example , A researcher might conduct a single-case study on a particular individual to understand their experiences with a particular health condition or a specific organization to explore their management practices. The researcher collects data from multiple sources, such as interviews, observations, and documents, and uses various techniques to analyze the data, such as content analysis or thematic analysis. The findings of a single-case study are often used to generate new research questions, develop theories, or inform policy or practice.

Multiple-Case Study

A multiple-case study involves the analysis of several cases that are similar in nature. This type of case study is useful when the researcher wants to identify similarities and differences between the cases.

For Example, a researcher might conduct a multiple-case study on several companies to explore the factors that contribute to their success or failure. The researcher collects data from each case, compares and contrasts the findings, and uses various techniques to analyze the data, such as comparative analysis or pattern-matching. The findings of a multiple-case study can be used to develop theories, inform policy or practice, or generate new research questions.

Exploratory Case Study

An exploratory case study is used to explore a new or understudied phenomenon. This type of case study is useful when the researcher wants to generate hypotheses or theories about the phenomenon.

For Example, a researcher might conduct an exploratory case study on a new technology to understand its potential impact on society. The researcher collects data from multiple sources, such as interviews, observations, and documents, and uses various techniques to analyze the data, such as grounded theory or content analysis. The findings of an exploratory case study can be used to generate new research questions, develop theories, or inform policy or practice.

Descriptive Case Study

A descriptive case study is used to describe a particular phenomenon in detail. This type of case study is useful when the researcher wants to provide a comprehensive account of the phenomenon.

For Example, a researcher might conduct a descriptive case study on a particular community to understand its social and economic characteristics. The researcher collects data from multiple sources, such as interviews, observations, and documents, and uses various techniques to analyze the data, such as content analysis or thematic analysis. The findings of a descriptive case study can be used to inform policy or practice or generate new research questions.

Instrumental Case Study

An instrumental case study is used to understand a particular phenomenon that is instrumental in achieving a particular goal. This type of case study is useful when the researcher wants to understand the role of the phenomenon in achieving the goal.

For Example, a researcher might conduct an instrumental case study on a particular policy to understand its impact on achieving a particular goal, such as reducing poverty. The researcher collects data from multiple sources, such as interviews, observations, and documents, and uses various techniques to analyze the data, such as content analysis or thematic analysis. The findings of an instrumental case study can be used to inform policy or practice or generate new research questions.

Case Study Data Collection Methods

Here are some common data collection methods for case studies:

Interviews involve asking questions to individuals who have knowledge or experience relevant to the case study. Interviews can be structured (where the same questions are asked to all participants) or unstructured (where the interviewer follows up on the responses with further questions). Interviews can be conducted in person, over the phone, or through video conferencing.

Observations

Observations involve watching and recording the behavior and activities of individuals or groups relevant to the case study. Observations can be participant (where the researcher actively participates in the activities) or non-participant (where the researcher observes from a distance). Observations can be recorded using notes, audio or video recordings, or photographs.

Documents can be used as a source of information for case studies. Documents can include reports, memos, emails, letters, and other written materials related to the case study. Documents can be collected from the case study participants or from public sources.

Surveys involve asking a set of questions to a sample of individuals relevant to the case study. Surveys can be administered in person, over the phone, through mail or email, or online. Surveys can be used to gather information on attitudes, opinions, or behaviors related to the case study.

Artifacts are physical objects relevant to the case study. Artifacts can include tools, equipment, products, or other objects that provide insights into the case study phenomenon.

How to conduct Case Study Research

Conducting a case study research involves several steps that need to be followed to ensure the quality and rigor of the study. Here are the steps to conduct case study research:

• Define the research questions: The first step in conducting a case study research is to define the research questions. The research questions should be specific, measurable, and relevant to the case study phenomenon under investigation.
• Select the case: The next step is to select the case or cases to be studied. The case should be relevant to the research questions and should provide rich and diverse data that can be used to answer the research questions.
• Collect data: Data can be collected using various methods, such as interviews, observations, documents, surveys, and artifacts. The data collection method should be selected based on the research questions and the nature of the case study phenomenon.
• Analyze the data: The data collected from the case study should be analyzed using various techniques, such as content analysis, thematic analysis, or grounded theory. The analysis should be guided by the research questions and should aim to provide insights and conclusions relevant to the research questions.
• Draw conclusions: The conclusions drawn from the case study should be based on the data analysis and should be relevant to the research questions. The conclusions should be supported by evidence and should be clearly stated.
• Validate the findings: The findings of the case study should be validated by reviewing the data and the analysis with participants or other experts in the field. This helps to ensure the validity and reliability of the findings.
• Write the report: The final step is to write the report of the case study research. The report should provide a clear description of the case study phenomenon, the research questions, the data collection methods, the data analysis, the findings, and the conclusions. The report should be written in a clear and concise manner and should follow the guidelines for academic writing.

Examples of Case Study

Here are some examples of case study research:

• The Hawthorne Studies : Conducted between 1924 and 1932, the Hawthorne Studies were a series of case studies conducted by Elton Mayo and his colleagues to examine the impact of work environment on employee productivity. The studies were conducted at the Hawthorne Works plant of the Western Electric Company in Chicago and included interviews, observations, and experiments.
• The Stanford Prison Experiment: Conducted in 1971, the Stanford Prison Experiment was a case study conducted by Philip Zimbardo to examine the psychological effects of power and authority. The study involved simulating a prison environment and assigning participants to the role of guards or prisoners. The study was controversial due to the ethical issues it raised.
• The Challenger Disaster: The Challenger Disaster was a case study conducted to examine the causes of the Space Shuttle Challenger explosion in 1986. The study included interviews, observations, and analysis of data to identify the technical, organizational, and cultural factors that contributed to the disaster.
• The Enron Scandal: The Enron Scandal was a case study conducted to examine the causes of the Enron Corporation’s bankruptcy in 2001. The study included interviews, analysis of financial data, and review of documents to identify the accounting practices, corporate culture, and ethical issues that led to the company’s downfall.
• The Fukushima Nuclear Disaster : The Fukushima Nuclear Disaster was a case study conducted to examine the causes of the nuclear accident that occurred at the Fukushima Daiichi Nuclear Power Plant in Japan in 2011. The study included interviews, analysis of data, and review of documents to identify the technical, organizational, and cultural factors that contributed to the disaster.

Application of Case Study

Case studies have a wide range of applications across various fields and industries. Here are some examples:

Business and Management

Case studies are widely used in business and management to examine real-life situations and develop problem-solving skills. Case studies can help students and professionals to develop a deep understanding of business concepts, theories, and best practices.

Case studies are used in healthcare to examine patient care, treatment options, and outcomes. Case studies can help healthcare professionals to develop critical thinking skills, diagnose complex medical conditions, and develop effective treatment plans.

Case studies are used in education to examine teaching and learning practices. Case studies can help educators to develop effective teaching strategies, evaluate student progress, and identify areas for improvement.

Social Sciences

Case studies are widely used in social sciences to examine human behavior, social phenomena, and cultural practices. Case studies can help researchers to develop theories, test hypotheses, and gain insights into complex social issues.

Law and Ethics

Case studies are used in law and ethics to examine legal and ethical dilemmas. Case studies can help lawyers, policymakers, and ethical professionals to develop critical thinking skills, analyze complex cases, and make informed decisions.

Purpose of Case Study

The purpose of a case study is to provide a detailed analysis of a specific phenomenon, issue, or problem in its real-life context. A case study is a qualitative research method that involves the in-depth exploration and analysis of a particular case, which can be an individual, group, organization, event, or community.

The primary purpose of a case study is to generate a comprehensive and nuanced understanding of the case, including its history, context, and dynamics. Case studies can help researchers to identify and examine the underlying factors, processes, and mechanisms that contribute to the case and its outcomes. This can help to develop a more accurate and detailed understanding of the case, which can inform future research, practice, or policy.

Case studies can also serve other purposes, including:

• Illustrating a theory or concept: Case studies can be used to illustrate and explain theoretical concepts and frameworks, providing concrete examples of how they can be applied in real-life situations.
• Developing hypotheses: Case studies can help to generate hypotheses about the causal relationships between different factors and outcomes, which can be tested through further research.
• Providing insight into complex issues: Case studies can provide insights into complex and multifaceted issues, which may be difficult to understand through other research methods.
• Informing practice or policy: Case studies can be used to inform practice or policy by identifying best practices, lessons learned, or areas for improvement.

Advantages of Case Study Research

There are several advantages of case study research, including:

• In-depth exploration: Case study research allows for a detailed exploration and analysis of a specific phenomenon, issue, or problem in its real-life context. This can provide a comprehensive understanding of the case and its dynamics, which may not be possible through other research methods.
• Rich data: Case study research can generate rich and detailed data, including qualitative data such as interviews, observations, and documents. This can provide a nuanced understanding of the case and its complexity.
• Holistic perspective: Case study research allows for a holistic perspective of the case, taking into account the various factors, processes, and mechanisms that contribute to the case and its outcomes. This can help to develop a more accurate and comprehensive understanding of the case.
• Theory development: Case study research can help to develop and refine theories and concepts by providing empirical evidence and concrete examples of how they can be applied in real-life situations.
• Practical application: Case study research can inform practice or policy by identifying best practices, lessons learned, or areas for improvement.
• Contextualization: Case study research takes into account the specific context in which the case is situated, which can help to understand how the case is influenced by the social, cultural, and historical factors of its environment.

Limitations of Case Study Research

There are several limitations of case study research, including:

• Limited generalizability : Case studies are typically focused on a single case or a small number of cases, which limits the generalizability of the findings. The unique characteristics of the case may not be applicable to other contexts or populations, which may limit the external validity of the research.
• Biased sampling: Case studies may rely on purposive or convenience sampling, which can introduce bias into the sample selection process. This may limit the representativeness of the sample and the generalizability of the findings.
• Subjectivity: Case studies rely on the interpretation of the researcher, which can introduce subjectivity into the analysis. The researcher’s own biases, assumptions, and perspectives may influence the findings, which may limit the objectivity of the research.
• Limited control: Case studies are typically conducted in naturalistic settings, which limits the control that the researcher has over the environment and the variables being studied. This may limit the ability to establish causal relationships between variables.
• Time-consuming: Case studies can be time-consuming to conduct, as they typically involve a detailed exploration and analysis of a specific case. This may limit the feasibility of conducting multiple case studies or conducting case studies in a timely manner.
• Resource-intensive: Case studies may require significant resources, including time, funding, and expertise. This may limit the ability of researchers to conduct case studies in resource-constrained settings.

About the author

Muhammad Hassan

Researcher, Academic Writer, Web developer

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Business Law Case Studies with Solutions

• Post author: myspeakhr
• Post category: Case Study
• Reading time: 5 mins read

Discussed here is the Business Law Case Studies with Solutions. Business Law is also known as Legal Aspects of Business, Commercial Law etc. Here we have given short case studies along with solutions in business law. These simple case law in commercial law contains cases related to Contract Act 1872, Sale of goods Act and Consumer protection Act with solutions. All the 3 Acts discussed here is majorly used in business transactions. These short case studies on commercial law with answers will be helpful for students of MBA, BBA, B.com and Law. These case studies and solutions are explained in very simple words without much difficult legal terms for the benefit of the students.

Below is the Business Law Case Studies with Solutions.

I. Indian Contract Act Case Studies

1. case study on basic contract act.

“A gives an offer in the newspaper for the sale of his HP laptop for Rs. 15000. He also stated that Those who are willing to purchase can send a message to his mobile.”” In this simple case consider the following situation and discuss the solution:

a) B was interested to purchase the laptop and sent a message stating that he wish to purchase for 12000. Was it an acceptance is given by B-

No it was not an acceptance It can be termed as counter offer. If feasible A has to give acceptance.

b) B was interested to purchase the same but he asked C to message on behalf of B. and C messaged as follows

“My friend B is interested to purchase your laptop for 15000”  . Here is this a valid Acceptance? is A binded by the acceptance.

No this is not a valid acceptance. The acceptance needs to be given by the accept-or itself. Hence A is not binded by the action of C.

c)  B who is much interested in purchasing the laptop had called Mr.A and given the acceptance through his phone. Is A obliged for acceptance given by B.

The acceptance must the given by the mode prescribed by the offer-or only. Hence in the given case the acceptance given by B through telephone is not an acceptance.

2. Case study on Valid Contract

Mr. X invited Mr. Y his business partner for X’s sisters marriage. Y accepted the invitation in this ground X booked a table in a costly hotel where the marriage takes place. Due to some reason Y could not attend the function. What type of contact is this. Is this a valid contract. Justify your answer.

This is not a valid contract on the following basis:

a. This is a social agreement. The agreement is not created with an intention to create legal relationship rather to create a social relationship.

b. There is no consideration involved in the contract hence it is not a valid contract.

II. Consumer Protection Act Case Studies

3. case study on who is a consumer.

a. Mr. A bought a printer from an electronics store for using it at home. The TV was defective. Is Mr. A a consumer?

Yes Mr. A is a consumer as he purchased the printer for his own use.

b. Balu is a distributor for computer accessories. He bought 100 pen-drives for selling to other computer vendors. Is Balu a consumer?

Balu is not a consumer as he has obtained accessories for resale.

4. Case study on Restrictive and Unfair trade practices

Mr. X went to a electronic shop to purchase a TV for his newly built house. He asked the information about Samsung 40 inches LED TV to the shop keeper. The shop keeper being a dealer of other brands misguide the customer stating that Samsung had planned to stop the production of 40 Inch LED TV’s. The shopkeeper made the customer believed the same and advice him to purchase some other brand.

The act of Shop keeper is Restrictive trade practice or Unfair trade practices?

The act of shopkeeper is a unfair trade practice as he had mislead the customer with a motive to increase his sale.

III. Sale of Goods Act 1930 Case studies

5. case study on sale or agreement to sell.

On 1st March 2017, Alex agreed to sell his car to Beny for Rs. 80,000. It was agreed between themselves that the ownership of the car will transfer to B on 31st March 2017. when the car is gets registered in Beny`s name. Justify whether it is sale or agreement to sell.

It is an agreement to sell and it will become sale on 31st March when the car is registered in the name of Beny.

6. Case study on Warranty

Anay purchased a second hand typewriter from Balu. Anay used it for sometime and also spend some money on its repairs. The typewriter turned out to be stolen one and as such Anay had to return it to the true owner chand. Is it a breach of Warranty or not. What remedy will Anay get?.

It is a breach of warranty. It is a implied warranty as to quite possession. It was held that Anay could recover damages from Balu amounting to the price paid and the cost of repair.

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