Negligence cases can be extremely costly to a nursing home. Not only do legal fees and time involved cost a great deal of money, but the negative publicity involved can be damaging as well. This seminar is intended to explore the rights of residents in a nursing home setting and how a nursing home can avoid a negligence accusation. This program will discuss strategies of documentation and defense, should a negligence case arise. A look at current laws affecting nursing homes in the state of Florida will be covered. Attending this seminar is crucial for those interested in reducing liability exposure and avoiding the possible consequences of compensatory and punitive damages.
Experienced Florida attorneys will cover:
- Discussion of pertinent statutory and case-law
- Handling depositions and discovery
- Arbitration issues
- The attendee will be able to discuss an overview of nursing home law.
- The attendee will be able to identify how to defend claims for violation of residents' rights.
- The attendee will be able to review deposition strategies in nursing home cases.
9:00 a.m. - 9:45 a.m.
I. Overview Of Nursing Home Law
A. Statute And Regulations
B. Recent Case Law
C. Causes Of Action
D. Damages Available
9:45 a.m. - 10:45 a.m.
II. Documentation: Prevention Of
And Preparation For Litigation
A. Importance Of Documentation
1. Facility Policy And Procedures On Record Retention
2. AHCA Record Requirements
B. Prevention Of Lawsuits
1. Setting Expectations For Residents
2. Accuracy Of Record- Keeping
C. Litigation Process
1. Records Needed To Defend A Claim
2. Records Kept In Anticipation Of Litigation
10:45 - 11:00 a.m.
11:00 a.m. - 12:00 p.m.
III. Defending Claims For Violation
Of Residents' Rights Under
Chapter 400, Florida Statutes
A. Pre-Suit Process
1. Records Request
2. Anticipating The Claim And Preparing Documents
3. Notice Of Intent
B. Working With Defense Counsel
1. Gathering Records Needed For Litigation
2. Communication With Defense Counsel
1. Depositions Of Current And Former Employees
12:00 p.m. - 1:00 p.m.
Lunch (On Your Own)
1:00 p.m. - 2:00 p.m.
IV. Deposition Strategies In
Nursing Home Cases
A. Know Your Witness
B. Prepare Your Witness
C. Day Of Deposition
2:00 p.m. - 3:00 p.m.
V. Discovery In Nursing Home
A. Written Forms Of Discovery
1. Requests For Production
2. Requests For Admissions
3. Obtaining And Reviewing Medical Records And Public Records
4. Review Of Chart To Determine Documents Needed
B. Oral Discovery
1. Unsworn Statements
3:00 p.m. - 3:15 p.m.
3:15 p.m. - 4:15 p.m.
VI. Arbitration Provisions In Long-
Term Care Agreement
A. Benefits Of Arbitration
B. Validity Of Arbitration Clause
C. Common Challenges To Arbitration Clauses
4:15 p.m. - 4:30 p.m.
VII. Questions And Answers