Training Course Syllabus:

Top Nursing Home Liability Claims in Texas

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 - 10:15, Kenneth R. Baird
   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
   10:30 - 12:00, Thomas C. Cowan and Chastiti N. Horne
   1. Standard of Care
   2. Common Deficiencies
   3. Facility Risk and Liability Factors
      1. Culture, Management and Physical Environment
      2. Contractual Issues
      3. Transfer and Discharge
      4. History of Deficiencies/Complaints
   4. Staff Risk and Liability Factors: Medical Directors, Nurses, Physicians and Other Staff
      1. Staff Screening, Education and Training
      2. Staff Stresses/Burnout and Ratio/Turnover Issues
      3. Relationship Risk Factors (Resident–Visitor and Resident–Staff)
      4. Board Awareness and Education
      5. History of Deficiencies/Complaints
   5. Resident Risk Factors
   6. Medical Documentation
      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
      7. Cost Reports: More than Just Numbers
   7. Resident Rights
   8. Sample Risk Prevention Checklist
3. TOP Liability Claims and Legal Strategies: Common Scenarios, Causes, Red Flags and Legal Pointers
   1:00 - 2:15, Kenneth R. Baird
   1. Top Causes of Action
      1. Premises Liability
      2. Understaffing and Underbudgeting
      3. Inadequate Security
      4. Fraud
      5. Medical/Nursing Malpractice
         1. “Never Events” and Medicare Reimbursement
      6. Wrongful Death
      7. Product Liability
      8. Financial Abuse/Powers of Attorney and Guardianship Abuse Issues by Family Members, Caretakers and Trusted Others
   2. Effectively Resolving Legal Disputes: Tactics From Both Sides of the Table
      1. Major Steps and Deadlines in Pursuing a Claim
      2. Investigation and Collection Tips: Obtaining Records, Time Constraints, Facts and Data
      3. Arbitration Agreements and Procedure
      4. Effective Use of Experts and Witnesses
      5. Attributing and Disputing Shared Fault
      6. Settlement Negotiation Strategies That Really Work
      7. Vital Trial Tactics: Key Elements to Winning the Case
      8. The Latest and Most Relevant Case Law (State)
4. Medicare, Insurance and ERISA Challenges
   2:15 - 3:15, Thomas C. Cowan and Chastiti N. Horne
   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
   3:30 - 4:30, Thomas C. Cowan and Chastiti N. Horne
   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

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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