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

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 Tuesday, July 19, 2022

Recorded event now available

or call 1-800-926-7926

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 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 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 the PREP Act and other defenses for cases related to 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 the PREP Act on defense strategies?


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

Connors, Kristin
Kristin Connors

Stockman O'Connor Connors

Ms. Connors concentrates her practice in the representation of health care providers and facilities and has also...  |  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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