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
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.
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
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
1:45 p.m. - 2:15 p.m.
VIII. How To Litigate And Prove
2:15 p.m. - 2:30 p.m.
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
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