Nursing Home Depositions: Establishing Liability Using State Surveys, MDS, OBRA, Policies Manuals
Recording of a 90-minute CLE video webinar with Q&A
This CLE webinar will guide personal injury and medical malpractice attorneys in nursing home abuse and negligence cases on how to nimbly handle state surveys and reports, patients' Minimum Data Set (MDS) required assessments, the Omnibus Budget Reconciliation Act (OBRA) and related regulations, and policy and procedures manuals to take compelling nursing home depositions. The panel will discuss how these documents can be used to establish standard of care and deviations from that standard. Attendees will also hear from defense counsel about best strategies for defending depositions involving these documents.
- Preparing for deposition
- Selecting deponents
- Obtaining the documents
- Deposing the witness
- Minimum Data Set (MDS)
- Omnibus Budget Reconciliation Act (OBRA)
- State surveys
- Policies and procedures manuals
The panel will review these and other key issues:
- What is an MDS, and what does it require?
- What reports are signed under penalty of perjury by the nursing home?
- What makes an injury unavoidable, and what are just excuses?
- What happens when nursing homes fail to advise families that they lack the resources to care for the patient?
- Do policies and procedures manuals reflect standards of reasonable care?
Gillian A. Fisher
Ms. Fisher devotes her practice to the defense of complex, high-exposure medical malpractice matters on behalf of... | Read More
Ms. Fisher devotes her practice to the defense of complex, high-exposure medical malpractice matters on behalf of several major area hospital systems, nursing facilities, and medical practices, health care, as well as entertainment-related law.Close
William F. (Bill) Holbert
Prieto Marigliano Holbert & Prieto
Mr. Holbert's practice has focused on long term care and medical malpractice litigation for over two decades. He is... | Read More
Mr. Holbert's practice has focused on long term care and medical malpractice litigation for over two decades. He is a former defense lawyer from one of Atlanta's largest defense firms where he defended nursing homes, hospitals, physicians and other medical professionals. Mr. Holbert now represents injured residents and their families in long term care litigation, victims of medical malpractice and victims of automobile accidents.Close
Katherine L. McCrink
Ms. McCrink focuses her practice on the defense of medical malpractice, nursing home liability and general liability... | Read More
Ms. McCrink focuses her practice on the defense of medical malpractice, nursing home liability and general liability claims. In the medical malpractice area, she represents hospitals, physicians, and other health care professionals in cases involving a variety of medical specialties. Ms. McCrink also has experience defending nursing home clients amid the increasing number of lawsuits seeking punitive damages under New York Public Health Law Section 2801-d. In addition, she has assisted with presentations to nursing home staff on risk management and proper documentation.Close
Kelly S. Gaden
Levin & Perconti
Ms. Sabo Gaden is an advocate for victims of nursing home abuse and neglect and medical malpractice. With more than a... | Read More
Ms. Sabo Gaden is an advocate for victims of nursing home abuse and neglect and medical malpractice. With more than a decade of experience in handling personal injury matters, Kelly has secured more than $50 million in jury verdicts and settlements for people who have been seriously or fatally injured in long term care facilities.Close