Nursing Home Fall Injuries: Litigating the Adequacy of Fall Assessments and Protocol Implementation

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

This program is included with the Strafford CLE Pass. Click for more information.
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Conducted on Tuesday, September 13, 2022

Recorded event now available

or call 1-800-926-7926
Course Materials

This CLE course will prepare personal injury lawyers to litigate nursing home fall claims. The panel will review applicable regulations, fall assessment requirements and protocols, the importance of medical records review, and more.


Fall-related allegations are the most common type of professional liability claim lodged against skilled nursing facilities. Falls by the elderly are more likely to cause severe injuries such as fractures, head trauma, lacerations, and even death. Falls and fractures can be signs of potential neglect or abuse.

The jury needs to understand why the resident fell and that not all falls are preventable. Understanding the resident's overall medical condition is critical and requires the right experts to explain all potential medical and pharmacological factors that could contribute to the fall.

Understaffing and inadequate training often lead to an increase in unwitnessed falls. Many different types of evidence must be examined to investigate, build, or defend the case.

Listen as this experienced panel of seasoned nursing home litigators discusses the nuances of litigating fall cases.



  1. Common causes of nursing home falls
  2. Theories of liability
  3. Overview of applicable federal regulations
    1. Comprehensive fall assessment and fall protocols
    2. The Morse scale
    3. Mobility algorithm
  4. Discovery considerations
  5. Medical records review
  6. Damages


The panel will review these and other key issues:

  • What does a comprehensive fall assessment and proper fall protocol look like?
  • What tools can be used to assess and prevent nursing home falls?
  • What documents are properly discoverable in nursing home cases?
  • What are the most common defenses to nursing home fall cases?


Brevda, Michael
Michael J. Brevda, Esq.

Managing Partner
Senior Justice Law Firm

Mr. Brevda is the managing partner at Senior Justice Law Firm and specializes in nursing home negligence cases. 

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Corkery, Andrew
Andrew Corkery

Of Counsel
Pitzer Snodgrass

Mr. Corkery’s practice primarily focuses on transportation law, medical malpractice and other types of...  |  Read More

Fillmore, Monica
Monica C. Fillmore

Burns White

Ms. Fillmore is a skilled litigator who represents healthcare providers and institutions in long-term care, medical...  |  Read More

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