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 video webinar with Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Tuesday, July 27, 2021

Recorded event now available

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The CLE course 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.

Description

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 nursing home care and what types of evidence are the most crucial.

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Outline

  1. Pre-suit investigation
  2. The 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

Benefits

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

  • Identifying all proper defendants
  • Critical information to request in initial discovery
  • Pattern and practice evidence
  • Making the most of depositions

Faculty

Adcock, Avery
Avery Adcock
Partner
Senior Justice Law Firm

Ms. Adcock has dedicated her career to representing victims of abuse and neglect in nursing homes, hospitals and...  |  Read More

Delaney, Jaime
Jaime Koziol Delaney
Partner
Levin & Perconti

Ms. Delaney plays a key role in a number of complex medical malpractice, nursing home, wrongful death and personal...  |  Read More

Smith, Joel
Joel E. Smith
Partner
Kosieradzki Smith Law Firm

Mr. Smith focuses on the representation of victims of nursing home neglect. He currently serves as the Chairperson...  |  Read More

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