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 Tuesday, January 28, 2020

Recorded event now available

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Course Materials

This CLE course 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 materials 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 perspectives
    1. Authentication
    2. Relevance
    3. Prejudicial nature
    4. Hearsay

Benefits

The panel will review these and other noteworthy issues:

  • Types of evidence counsel for patients 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

Ruggiero, Bryan
Bryan A. Ruggiero
Attorney
Levin & Perconti

As a law clerk for Levin & Perconti, Mr. Ruggiero closely assisted attorneys during depositions and trials,...  |  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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