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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 Thursday, August 24, 2023

Recorded event now available

or call 1-800-926-7926

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.


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 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.



  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


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
  • Deposition strategy


Kohn, Kimberley
Kimberley M. Kohn

Kohn Law

Ms. Kohn started off her career as an Assistant Public Defender in Tampa. Since 1999, she has been focused on bringing...  |  Read More

Schall, Victoria
Victoria A. Schall

Schall At Law

Ms. Schall concentrates her practice on civil litigation claims for nursing home abuse and neglect, medical...  |  Read More

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

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