Admissibility of Evidence in Nursing Home Litigation: Proving or Challenging Authentication, Relevance and Hearsay

Recording of a 90-minute CLE webinar with Q&A


Conducted on Wednesday, October 31, 2018

Recorded event now available

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Program Materials

This CLE webinar will prepare attorneys representing plaintiffs or defendants in nursing home injury cases to argue for or against the admissibility of critical evidence at trial. The panel will discuss best practices for authenticating and challenging the authenticity of medical records and charts, statements of parties, photographs, regulatory documents or references, and other information. The panel will provide their insights into proving or defending against the relevancy and prejudicial nature of nursing home statutes and regulations, other documents, and making or overcoming hearsay objections.

Description

Nursing home injury cases are very document intensive. The information contained in patient or resident records and medical charts, staff assignments, audit trails, photographs, and other documents is critical to proving or defeating negligence claims. Counsel will also frequently seek to admit federal and state statutes and regulations as evidence to support the standard of care for nursing homes.

Admissibility arguments mostly center around whether evidence is relevant, prejudicial or constitutes hearsay. The proper foundation for authenticating the evidence—electronic discovery, social media sites, timelines, diagrams, and other demonstrative evidence—is critical.

Listen as our authoritative panel of personal injury and medical malpractice litigators discusses practical strategies for getting evidence admitted in nursing home injury cases or keeping it out, including tactics related to authentication, relevance and hearsay.

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Outline

  1. Types of critical evidence in nursing home injury cases
  2. Arguing for or against the admissibility of evidence—plaintiff and defense perspective
    1. Authentication
    2. Relevance
    3. Prejudicial nature
    4. Hearsay

Benefits

The panel will review these and other noteworthy issues:

  • Types of evidence counsel for victims in nursing home injury cases frequently seek to admit or keep out of evidence
  • Types of evidence counsel for facilities in nursing home injury cases often try to admit or bar from evidence
  • Best practices when arguing for or against relevancy, prejudice, and hearsay when seeking to admit or keep out evidence

Faculty

Battersby Black, Margaret
Margaret Battersby Black

Partner
Levin & Perconti

Ms. Black has played a key role in a number of nursing home and medical malpractice cases. She is well-known for her...  |  Read More

Goldfaden, Daniel
Daniel A. Goldfaden

Atty
Levin & Perconti

Mr. Goldfaden focuses his practice on nursing home abuse and neglect, medical malpractice, catastrophic personal injury...  |  Read More

Levin, Steven
Steven M. Levin

Founder and Senior Partner
Levin & Perconti

Mr. Levin is the senior and founding partner of Levin & Perconti, a 25 attorney nationally renowned law firm in...  |  Read More

Valentino, Karie
Karie Valentino

Partner
Lewis Brisbois Bisgaard & Smith

Ms. Valentino is a member of the firm’s Long-Term Care and Elder Law, Healthcare, and Medical Malpractice...  |  Read More

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