Nursing Home Injury Litigation: Evaluating Common Claims, Reviewing Medical Records, and Assessing Damages

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

Conducted on Tuesday, December 20, 2016
Recorded event now available

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


Nursing home injury litigation has surged in the past few years. Due to the vulnerability of elderly patients, injuries are often severe, and sympathetic juries have awarded millions to plaintiffs.

Counsel bringing or defending against these 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?


Mark R. Kosieradzki, Partner
Kosieradzki Smith Law Firm, Plymouth, Minn.

Mr. Kosieradzki is a Board Certified Civil Trial Advocate by the National Board of Trial Advocacy and the Minnesota State Bar Association. He is recognized in “Best Lawyers in America” in addition to recently receiving his 21st Super Lawyer award. Mr. Kosieradzki has served as lead counsel in wrongful death and catastrophic injury cases involving malpractice, construction injuries, nursing home neglect, interstate trucking accidents, and products liability. He is a frequent speaker and author on 30(b)(6) Corporate Depositions.

Steven M. Levin, Founder and Senior Partner
Levin & Perconti, Chicago

Mr. Levin was among the first attorneys in the country to handle nursing home cases, and has established a reputation as one of the country’s top litigators in the area of nursing home litigation. He has successfully represented clients in personal injury matters for over thirty years. He and his firm have achieved over $140 million in nursing home abuse and neglect cases, obtaining numerous multimillion-dollar verdicts and settlements for his clients.  

Sam McGee, Atty
Tin Fulton Walker & Owen, Charlotte, N.C.

Mr. McGee is a highly skilled trial lawyer whose practice includes many complex litigation matters in the areas of nursing home abuse and neglect, professional negligence, appeals, class actions, business torts and serious personal injury. Many of these matters have resulted in substantial recoveries, including multiple recoveries in excess of $1M. On 3 occasions, he has obtained appellate rulings defeating the nursing home industry’s efforts to compel residents’ claims to binding arbitration.


CLE On-Demand - Streaming Video

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*Only available for attorneys admitted for more than two years. For OH CLE credits, only programs recorded within the current calendar year are eligible - contact the CLE department for verification.

**NH attendees must self-determine if a program is eligible for credit and self-report their attendance.

CLE On-Demand Video $197.00

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Customer Reviews

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I found it helpful to hear the information and perspectives of all the presenters.

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Ballard Spahr

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Litigation Advisory Board

David R. Cohen


Reed Smith

Jeffrey J. Fowler


O’Melveny & Myers

Jonathan Evan Goldberg



Mark E. Goodman


Capes Sokol Goodman & Sarachan

Dean D. Hunt


Baker & Hostetler

Michael E. Lackey, Jr.


Mayer Brown

Stephen Paffrath


Greenberg Traurig

Anthony T. Pierce


Akin Gump Strauss Hauer & Feld

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