Nursing Home Defense: Countering the Noncompliance Narrative, Proving Unavoidability, Diffusing Emotional Evidence
Recording of a 90-minute CLE video webinar with Q&A
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.
- Relevant laws, regulations, surveys
- Pleading and affidavit requirements
- Common types of injuries
- Common defenses and plaintiff strategies
- Demonstrating compliance with regulations
- Third-party fault
- The role of survey data
- Independent actor vs. enterprise negligence
- 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?
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
Ms. Valentino is a member of the firm’s Long-Term Care and Elder Law, Healthcare, and Medical Malpractice Practices. She has engaged in numerous arbitrations and mediations and successfully tried to verdict multiple medical malpractice cases on behalf of physicians, nurses and hospitals, long-term care facilities and its employees. Ms. Valentino is the past President of the Women’s Bar Association of Illinois.Close
Mr. Yood represents a wide range of healthcare providers and healthcare companies, including specialty and general... | Read More
Mr. Yood represents a wide range of healthcare providers and healthcare companies, including specialty and general acute hospitals (including local district, nonprofit and for-profit facilities), home health agencies, specialty pharmacy and infusion centers, pharmaceutical vendors, nursing facilities, and health information and management providers.Close