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

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

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Wednesday, January 25, 2023

Recorded event now available

or call 1-800-926-7926

This CLE course will prepare counsel 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 selecting evidence, 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.


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.



  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


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


Adcock, Avery
Avery Adcock

Senior Justice Law Firm

Ms. Adcock has dedicated her career to representing victims of abuse and neglect in nursing homes, hospitals and...  |  Read More

Conley, Craig
Craig C. Conley

Baker Donelson Bearman Caldwell & Berkowitz

Mr. Conley has significant experience in litigation in a variety of areas with an emphasis in health care litigation...  |  Read More

Valentino, Karie
Karie Valentino

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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