Training Course Syllabus:

Top Nursing Home Liability Claims in Indiana

Nursing Home Failure of Care Claims are on the Rise! Are You Prepared?

One out of four nursing homes last year was cited for causing death or serious injury to a resident, and that figure is on the rise. Do you have a firm understanding of extended care facility risks, causes of action, legalities and compliance? This unique seminar will provide you with the basic knowledge and skills needed to correctly handle nursing home and assisted living liabilities, ranging from common slip and fall cases to wrongful death suits to elder abuse. Experienced faculty will also provide you with invaluable legal tactics, such as critical negotiation strategies and information/evidence gathering pointers. Ensure you're fully prepared to correctly handle your next encounter with extended care facility failure of care and the legal pitfalls that surround it. Register today!

• Examine the legal risks nursing homes face and top claims brought against them.
• Gain a better understanding of the Nursing Home Reform Act, Elder Justice Act, Deficit Reduction Act (DRA) and other federal regulations.
• Learn what the top ten under-utilized OBRA Regulations are and how they affect you.
• Take an in-depth medical look at common abuse/neglect/malpractice warning signs and prevention pointers for pressure sores, emotional abuse, prescription errors, falls and traumatic injuries and more!
• Find out what common mistakes put the elderly in the most danger and what red flags to look for.
• Review legal tactics and identify key warning signs for when family members, guardians and trusted others are guilty of elder mistreatment, such as financial and emotional abuse.
• Equip yourself with essential legal tools such as settlement negotiation tactics, investigation tips and critical deadlines that need to be followed during legal proceedings involving elder mistreatment.
• Expand your knowledge of elder care coverage and learn how to handle common issues that arise with liens, Medicare and ERISA.
• Find out how reporting mandates for elder abuse affect the attorney-client privilege.

1. Governing Laws, Regulations and Requirements
   9:00 – 9:30, Angela M. Agustin and Norris Cunningham
1. The Nursing Home Reform Act (OBRA Regulations), Elder Justice Act and DRA
2. CMS Certification and Regulations (Surveys, CFR, F-Tags and More)
3. State Laws, Oversight and Regulation Update
2. Nursing Home/Assisted Living Legal Risks and Compliance Tips
   9:30 – 10:00, Lorie A. Brown
1. Medical History
2. Treating Physician's Care Plan
3. Nursing Home's Medical Records
4. Spoliation of Records
5. Forensic Accounting in Nursing Homes
6. False Charting
3. TOP Liability Claims and Legal Strategies: Common Scenarios, Causes, Red Flags and Legal Pointers
   10:15 – 11:15, Lorie A. Brown, Norris Cunningham and George C. Gray
1. Top Causes of Action
2. Effectively Resolving Legal Disputes: Tactics From Both Sides of the Table
4. Medicare, Insurance and ERISA Challenges
   11:15 – 12:00, Angela M. Agustin and Norris Cunningham
1. Liens and Offset Issues
2. Is Insurance Coverage Available for the Claims?
3. Medicare and Medicaid Issues
4. Common Insurance Issues and How to Handle Them
5. ERISA Issues and Challenges
5. Ethical Concerns Panel Discussion
   1:00 – 2:00, Angela M. Agustin, Norris Cunningham and George C. Gray
1. Working With Clients with Diminished Mental Capacity
2. Avoiding Conflicts of Interest
3. HIPAA Considerations in the Use of Medical Records
4. Attorneys Acting as Fiduciaries
5. Elder Abuse Reporting Mandates and Attorney-Client Privilege
6. Litigating Nursing Home Cases Under the Indiana Medical Malpractice Act
   2:15 - 3:00, Jeff Powless
   1. Determining Whether the Case is Covered by the Medical Malpractice Act
   2. Ramifications of Coverage Under the Act
   3. Filing a Claim with the Indiana Department of Insurance
   4. Handling Discovery Under the Medical Malpractice Act
   5. Medical Review Panel Formation
   6. Considerations in Preparing the Submission to the Panel
   7. Seeking Excess Damages from the Patient Compensation Fund
7. Utilizing Rules, Reptile, Focus Groups and Visual/Video Evidence to Enhance Your Persuasion in Nursing Home Cases
   3:00 - 3:45, David Farnbauch
8. Arbitration in Indiana Nursing Home Cases
   3:45 - 4:30, George C. Gray

Seminar Summary:

This unique seminar will provide you with the basic knowledge and skills needed to correctly handle nursing home and assisted living liabilities, ranging from common slip and fall cases to wrongful death suits to elder abuse. (see full course description)

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