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Pre-Suit Pointers, Discovery, Depositions, Settlement and Trial Strategies

The aging population is projected to increase the number of residents in nursing homes over the next few decades. That increase will undoubtedly lead to growing number of claims - are you prepared? Whether you're looking to expand your practice or just need a refresher, this course is for you. Our faculty will provide you with practical, nuts-and-bolts strategies for litigating nursing home cases. Enhance your skillset - register today!

  • Delve into key laws and regulations you need to know to handle nursing home cases.
  • Apply nursing home regulations and guidelines to determine if the duty of care has been violated.
  • Walk through the nursing home litigation process - from pre-suit to settlement or trial.
  • Receive evaluation tips for different types of cases, from falls to preventable conditions.
  • Gain practical tips for resources, what records to seek, what to ask in depositions and more.
  • Uphold your impeccable reputation with an overview of common ethical dilemmas and their resolutions.

All times shown in Eastern.

  1. Laws, Regulations and Oversight Organizations
    10:00 - 10:30, Andrew D. Gross, Kara Rahimi, and Joel E. Smith
    1. The Nursing Home Reform Act (OBRA)
    2. CMS Certification and Regulations
    3. DRA
    4. Elder Justice Act
    5. Federal Oversight and Regulation Update
  2. Nursing Home Care Standards, Common Deficiencies and Violations
    10:30 - 11:30, Andrew D. Gross, Kara Rahimi, and Joel E. Smith
    1. ACA Quality of Care-Related Requirements
    2. Facility, Staff and Resident Liability Risk Factors
    3. Resident Rights
    4. Medical Documentation
    5. Resource Tips - Which Standard of Care Requirement Applies to the Issue(s) at Hand?
    6. Nursing Home vs. Hospital Standards of Care
    7. Nursing Home Policies vs. Procedures vs. Standards of Care
    8. Top Deficiencies and Violations
  3. Case Intake, Screening and Filing a Nursing Home Case
    11:45 - 12:30, Andrew D. Gross, Kara Rahimi, and Joel E. Smith
    1. Client Interview and Questionnaire
    2. Intake and Evaluation Tips for Specific Types of Cases
      1. Preventable Ulcers/Health Conditions
      2. Fall Cases; Hazardous Conditions and Failure to Monitor
      3. Failure to Develop/Implement Plan to Satisfy Resident’s Needs
      4. Negligent Administration of Meds
      5. Failure to Notify Physician or Family
      6. Physical Abuse/Improper Use of Restraints
      7. Failure to Protect From Acts of Another Resident
    3. Insurance Coverage Issues
    4. Standing and the Cause of Action
    5. Filing a Nursing Home Case
  4. Investigation and Discovery: What to Request, What to Look for
    1:00 - 2:00, Andrew D. Gross, Kara Rahimi, and Joel E. Smith
    1. Cost Reports, Investigations and Other Public Records
    2. Charting and False Charting
    3. Nursing Home's Medical Records vs. Hospital Medical Records
    4. Medical Records/Medical History
    5. Employee Time Cards, Schedules and Records
    6. Health and Safety Policies
    7. Forensic Accounting Evidence
    8. Treating Physician's Care Plan
    9. Sample Discovery Requests
  5. Expert and Lay Witness Depositions
    2:00 - 2:45, Andrew D. Gross, Kara Rahimi, and Joel E. Smith
    1. Expert Witness Testimony and Standards of Care
    2. Locating and Qualification of Experts
    3. Expert Witness Reports
    4. Preparing Witnesses for Deposition
    5. Deposing Opposing Expert Witnesses - Key Questions You Must Ask
    6. Forensic Accountants as Expert Witnesses
    7. Doctors and Nurses as Expert Witnesses
  6. Ethical Concerns
    3:00 - 4:00, Andrew D. Gross, Kara Rahimi, and Joel E. Smith
    1. Working with Clients with Diminished Mental Capacity
    2. Avoiding Conflicts of Interest
    3. Attorneys Acting as Fiduciaries
    4. Elder Abuse Reporting Mandates and Attorney-Client Privilege
  7. Settlement and Trial of a Nursing Home Case
    4:00 - 5:00, Andrew D. Gross, Kara Rahimi, and Joel E. Smith
    1. Negotiation and Settlement Strategies
    2. Quantifying and Proving Damages
    3. Mediation Tips
    4. Enforceability of Arbitration Agreements
    5. Shared Fault
    6. Trial Tactics: Key Elements to Winning the Case
    7. The Latest and Most Relevant Case Law

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