Nursing Home Malpractice: Indispensable Discovery for Establishing Causation, Systemic Neglect, and Liability

Discovering Nursing Home Patterns and Practices, Key Caregivers, Nursing Policies, Administrative Procedures, Cost Information

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

Conducted on Wednesday, June 24, 2020

Recorded event now available

or call 1-800-926-7926
Program Materials

The CLE webinar will discuss how to plan and carry out successful discovery in a nursing home malpractice case. The webinar will discuss specific evidence to request for different causes of action, how to notice depositions to obtain the best results, how to manage the large volume of documents involved in nursing home malpractice cases, and how to get evidence of patterns and practices.


Nursing home malpractice cases differ from other malpractice lawsuits. Rather than focusing on a discreet error of judgment or mistake that causes injury, nursing home cases--especially those arising in skilled care facilities--are often based on repeated patterns of sub-standard care and systemic neglect over long periods. As a result, nursing home malpractice cases are complicated, often lengthy, and document-intensive. But with the right information, careful planning, and dedication, practitioners can achieve results for their clients.

Discovery begins before filing suit to review the plaintiff's medical records before and after the injury and moving into the nursing facility. Some states require an expert opinion with the complaint. These records inform the attorney who to depose and from whom to request documents. The number of caregivers or revolving caregivers may reveal enterprise-wide problems. Knowing who these employees are and how to contact them is a critical component of the case.

When injuries appear to be due to companywide policies that allow neglect to fester, attorneys must know how to obtain evidence about the relationships between the facility, its parent company, any management companies, and employee leasing companies. Proving causation and liability for systemic neglect requires discovering and grasping company policies and procedures and which entities set and controlled the policies and procedures that may have contributed to the injury. Understanding which records that the nursing home is required by law or contract to maintain is crucial.

Listen as the distinguished panel explains how to overcome the sometimes daunting challenges of getting the right evidence of patterns and practices for the nursing home care and what types of evidence are the most crucial.



  1. Pre-suit investigation
  2. Necessity for expert opinion
  3. Discovery related to specific causes of action
  4. Discovery of companywide practices and policies
  5. Structuring and noticing depositions of key employees


The panel will review these and other essential elements of these suits:

  • How to identify all the proper defendants
  • Cricital information to request in initial discovery
  • Pattern and practice evidence
  • How to make the most of depositions


Brusca, Michael
Michael A. Brusca

Davis & Brusca

Mr. Brusca dedicates his practice to representing vulnerable individuals and their families in wrongful death,...  |  Read More

Prieto, Michael
Michael A. Prieto

Prieto Marigliano Holbert & Prieto

Mr. Prieto's litigation work focuses on representing patients and families against assisted living, skilled...  |  Read More

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Strafford will process CLE credit for one person on each recording. All formats include program handouts.

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