Nursing Home Litigation and Admissibility of Evidence: Proving or Challenging Authentication, Relevance and Hearsay

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

Conducted on Thursday, July 20, 2017

Recorded event now available

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Program Materials

This CLE webinar will prepare attorneys representing plaintiffs or defendants in nursing home injury cases to argue for or against the admissibility of critical evidence at trial. The panel will discuss best practices for authenticating, or challenging the authenticity of, medical records and charts, family communications, and other information. The panel will provide their insights into proving or challenging the relevancy and prejudicial nature of nursing home statutes and regulations, customer surveys and other documents, and making or overcoming hearsay objections.


Nursing home injury cases are very document intensive. Information contained in patient or resident records and medical charts, staff assignments, family communications, customer surveys, and visitor logs is critical to proving or defeating negligence claims. Counsel will also frequently seek to admit federal and state statutes and regulations as evidence to support the standard of care for nursing homes.

Depending on how helpful or harmful such documents are to their clients, counsel for victims and facilities will argue fervently for or against their admissibility into evidence.

Admissibility arguments largely center around whether evidence is relevant, prejudicial or constitutes hearsay. Whether the proper foundation has been laid for authentication of the evidence is also critical. This can include authentication of electronic discovery, social media sites, timelines, diagrams and other demonstrative evidence.

Listen as our authoritative panel of personal injury and medical malpractice litigators discusses effective strategies for getting evidence admitted in nursing home injury cases or keeping it out, including tactics related to authentication, relevance and hearsay.



  1. Types of critical evidence in nursing home injury cases
  2. Arguing for or against admissibility of evidence—plaintiff and defense perspective
    1. Authentication
    2. Relevance
    3. Prejudicial nature
    4. Hearsay


The panel will review these and other key issues:

  • The types of evidence counsel for victims in nursing home injury cases frequently seek to admit or keep out of evidence
  • The types of evidence counsel for facilities in nursing home injury cases frequently seek to admit or keep out of evidence
  • Best practices when arguing for or against relevancy, prejudice and hearsay when seeking to admit or keep out evidence


Cox, Mark
Mark A. Cox

Mark A. Cox

Since 1990, Mr. Cox has helped recover millions of dollars for those injured and the families of those killed by the...  |  Read More

Jafry, Ahsan
Ahsan A. Jafry, Esq.

Burns White

Mr. Jafry’s practice consists of defending physicians, nurses, hospitals, nursing homes, assisted living...  |  Read More

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