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Who should attend Nursing Home Litigation
This seminar is designed for attorneys, nursing home administrators and directors of nursing
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Nursing Home Litigation  

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This seminar is designed for attorneys, nursing home administrators and directors of nursing

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Seminar Summary:

This seminar will provide you with the tools you need to successfully litigate these challenging cases. (see full course description)

 
 

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Training Course Syllabus:


This seminar is designed for attorneys, nursing home administrators and directors of nursing.

Nursing home litigation is complex, as well as emotionally taxing, for the attorney and client. This seminar will provide you with the tools you need to successfully litigate these challenging cases. The faculty will guide you through the process of managing a case in nursing home litigation from initial case evaluation through trial and settlement. Our faculty will share litigation strategies focusing on the plaintiff, defense and medical perspectives.

Topics to be discussed include:

• Prescreening Cases From The Plaintiff’s Perspective

• Pre-Suit Investigation From The Defense Perspective

• Cross-Examining The Director

• Proving Inadequate Staffing

• The Medical Review Panel Process

• Peer Review Privilege

• Autopsies And Exhumation Procedures

• How To Litigate And Prove Punitive Damages

• The Bankrupt Nursing Home

• Confidentiality Clauses And Protective Orders

• Structuring Settlements For Plaintiffs On Medicaid

• HIPAA 101

9:00 a.m. - 9:30 a.m.

I. Prescreening Cases From The

Plaintiff’s Perspective

A. Determining Negligence

B. Areas Of Negligence

C. Tips For Reviewing And Organizing Records

D. Finding Medical Experts

9:30 a.m. - 10:00 a.m.

II. Pre-Suit Investigation From

The Defense Perspective

A. Document Review And Internal Investigation

B. Employee/Witness Interviews

C. Examination Of Devices

D. State Department Of Health Investigative File

E. Expert Witnesses

10:00 a.m. - 10:30 a.m.

III. How To Cross-Examine The

Director Of Nursing In A

Nursing Home Case

10:30 a.m. - 10:45 a.m.

Break

10:45 a.m. - 11:15 a.m.

IV. Proving Inadequate Staffing

11:15 a.m. - 11:45 a.m.

V. The Medical Review Panel

Process

A. What The Process Is

B. Where To Find Qualified Health Care Providers For The Panel

C. How To Draft A Submission To The Panel

D. How To Draft Instructions To Panel Members

11:45 a.m. - 12:45 p.m.

Lunch (On Your Own)

12:45 p.m. - 1:15 p.m.

VI. Peer Review Privilege In Indiana

A. Peer Review Committee

B. Complaint/Incident Reports

C. Consultant Reports And Internal Evaluations Of Safety And Other Procedures

D. Informal Discussions Covered

E. Privileges Absolute And Not Subject To Balancing Test Number

1:15 p.m. - 1:45 p.m.

VII. Autopsies And Exhumation

Procedures

1:45 p.m. - 2:15 p.m.

VIII. How To Litigate And Prove

Punitive Damages

2:15 p.m. - 2:30 p.m.

Break

2:30 p.m. - 3:00 p.m.

IX. The Bankrupt Nursing Home

A. Automatic Stay

B. When The Claim Is Covered Under An Insurance Policy

1. Removing The Case From Bankruptcy Court

2. Litigating Within The Policy Limits

3:00 p.m. - 3:30 p.m.

X. Confidentiality Clauses And

Protective Orders

3:30 p.m. - 4:00 p.m.

XI. Structuring Settlements For

The Plaintiff On Medicaid

4:00 p.m. - 4:30 p.m.

XII. HIPAA (Health Insurance

Portability And Accountability

Act) 101

Seminar Summary:

This seminar will provide you with the tools you need to successfully litigate these challenging cases. (see full course description)

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