Nursing Home Injuries: Proving Negligent, Reckless, or Intentional Understaffing and Inadequate Training and Supervision
Recording of a 90-minute CLE video webinar with Q&A
This CLE course will provide medical malpractice and personal injury attorneys an in-depth analysis of the unique aspects of proving or defending claims that a skilled care or nursing facility has failed to meet nurse staffing standards, and has chronic understaffing, negligent hiring, training, and supervision problems. Now that the federal government uses daily payroll reports to document staffing levels instead of relying on self-reporting, the severity of inadequate staffing has been exposed. The program will discuss best practices and strategies for counsel when understaffing is alleged.
- Federal and state staffing requirements and patient ratios
- Causes of understaffing
- Exceptions to staffing requirements
- Investigating and documenting staffing, training, and turnover
- Daily payroll records
- Use of hidden cameras
- Identifying all proper defendants
- Role of nursing home administration experts
- Admissibility issues
- Federal and state regulations
- Internal policies and procedures
- Best practices for resolving pre-trial motions
The panel will review these and other key issues:
- What makes overstaffing cases unique?
- Are there exceptions to staffing regulations?
- Are there any types of state or federal immunity statutes that impact liability?
- What types of claims and defenses are most likely to succeed?
- What is the proper role of experts?
Michael A. Brusca
Davis & Brusca
Mr. Brusca dedicates his practice to representing vulnerable individuals and their families in wrongful death,... | Read More
Mr. Brusca dedicates his practice to representing vulnerable individuals and their families in wrongful death, catastrophic injury, negligence and abuse claims arising in nursing homes, assisted living facilities, psychiatric facilities, hospitals, boarding and group homes. He is a frequent lecturer to lay organizations and fellow attorneys at the state and national level on topics such as facility selection, resident care, litigation, trial practice, and technology issues.Close
Michael A. Prieto
Prieto Marigliano Holbert & Prieto
Mr. Prieto's litigation work focuses on representing patients and families against assisted living, skilled... | Read More
Mr. Prieto's litigation work focuses on representing patients and families against assisted living, skilled nursing, acute, sub acute and long-term care facilities. He advocates for fair compensation when wrongful acts and omissions are discovered, and through aggressive efforts tries to assure that the same thing will never happen to another innocent victim.Close
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