Nursing Home Injury Litigation: Common Claims, Medical Records, and Damages Assessment

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

Conducted on Wednesday, December 20, 2017

Recorded event now available

or call 1-800-926-7926
Program Materials

The CLE webinar will provide guidance to medical malpractice and personal injury attorneys for litigating cases against nursing homes arising from residents’ injuries. The panel will review the laws and regulations governing nursing homes, common types of injuries suffered by residents, how to handle medical records and other discovery issues unique to these cases, and damages assessment and valuation.


Nursing home injury litigation has surged in the past few years. Most recently, the deaths of eight residents in a Florida nursing facility that lost air conditioning during Hurricane Irma have resulted in at least five lawsuits against that facility. Due to the vulnerability of elderly patients, injuries are often severe, and sympathetic juries have awarded millions to plaintiffs.

Counsel bringing or defending nursing home injury claims must understand the statutory, regulatory and established common law standards of care applicable to nursing home residents and governing patient care.

The most common injuries—pressure sores, severe malnutrition or dehydration, physical and chemical restraints, elopement, falls, improper medication, and abuse—involve different approaches. Medical records, discovery and damage assessment present unique challenges to counsel.

Listen as our authoritative panel of practitioners provides an overview of nursing home laws and regulations, discusses common types of injuries, covers how to handle medical records and other discovery issues unique to these cases, and reviews how to assess damages.



  1. Relevant laws and regulations
  2. Common types of injuries
  3. Discovery issues
  4. Reviewing medical records
  5. Assessing damages
  6. Punitive damages
  7. Corporate neglect
  8. Pierce the corporate veil litigation


The panel will review these and other key issues:

  • What are the key steps to develop or defend against a claim involving injury to a nursing home resident?
  • What evidentiary and discovery challenges are present in nursing home injury claims—and how can counsel best address them?
  • What is the role of pain and suffering claims in the assessment of damages?


Kosieradzki, Mark
Mark R. Kosieradzki

Kosieradzki Smith Law Firm

Mr. Kosieradzki represents those who have been seriously injured or their relatives in cases involving catastrophic...  |  Read More

Battersby Black, Margaret
Margaret Battersby Black

Levin & Perconti

Ms. Black has played a key role in a number of nursing home and medical malpractice cases. She is well-known for her...  |  Read More

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