Nursing Home Defense: Countering the Noncompliance Narrative, Proving Unavoidability, Diffusing Emotional Evidence

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

Conducted on Thursday, June 17, 2021

Recorded event now available

or call 1-800-926-7926
Course Materials

This CLE course will review nursing home litigation defense strategies to counter the plaintiff's theories for frequently alleged injuries, such as pressure sores, falls, malnourishment, medication errors, neglect, or infection. The program will help counsel anticipate and curb plaintiffs' discovery and deposition strategies, mount defenses to liability, and navigate around the plaintiff's attacks on unavoidability, comorbidities, third-party fault, and failure to thrive. The program will also address when and how to invoke the Public Readiness and Emergency Preparedness (PREP) Act.


Litigation is inevitable for almost all long-term care facilities. Defense counsel must anticipate plaintiff strategies that often revolve around nursing homes and medical professionals' noncompliance with complex and elaborate regulations, internal procedures, or best practices.

Defense counsel must prepare to address broad discovery requests and scores of deposition notices as plaintiffs seek gaps or inconsistencies in medical records, care plans, and nurses' notes. A facility's best defense may be a strong documentary record.

Nursing home counsel should understand PREP Act and other defenses for cases related to or arising from the COVID-19 pandemic.

Listen as our authoritative panel of practitioners provides an overview of nursing home laws and regulations, discusses common types of injuries, and covers how to handle medical records and other discovery issues unique to these cases.



  1. Relevant laws, regulations, surveys
  2. Pleading and affidavit requirements
  3. Common types of injuries
  4. Common defenses and plaintiff strategies
    1. Demonstrating compliance with regulations
    2. Unavoidability
    3. Comorbidities
    4. Third-party fault
    5. The role of survey data
  5. Independent actor vs. enterprise negligence
  6. PREP Act


The panel will review these and other crucial issues:

  • Can a case be won or lost at a deposition?
  • Are the burdens of proof different under some statutory schemes than regular negligence?
  • How does counsel show the defendants provided all reasonable care?
  • What is the effect of state laws and PREP Act on defense strategies?


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

Yood, Ken
Ken Yood

Sheppard Mullin

Mr. Yood represents a wide range of healthcare providers and healthcare companies, including specialty and general...  |  Read More

Access Anytime, Anywhere

Strafford will process CLE credit for one person on each recording. All formats include course handouts.

To find out which recorded format will provide the best CLE option, select your state:

CLE On-Demand Video