Get the Essential Skills You Need to Effectively Resolve Nursing Home Malpractice Cases
Nursing home litigation sits on the crossroads of many areas of law, including medical malpractice, insurance, premises liability, personal injury, elder law, criminal, probate and government benefits. To effectively handle such a case, you can spend decades mastering each of these law specialties, or you can get the focused collection of pertinent facts wrapped up in real-life case studies, complete with sample documents, presented by experienced faculty from both sides of the table. Whether you're planning your first nursing home case or you just need a legal update on the subject, this course is for you. Register today!
- Ensure legal compliance with an update on state and federal regulation of assisted living facilities.
- Get the lay of the land: review current and upcoming laws governing nursing home litigation.
- Explore types of abuse/neglect malpractice, learn to spot the tell-tale signs and understand what causes of action they can translate into.
- Learn what red flags plaintiffs should look for when assessing the validity of a new case.
- Explore the pre-suit resolution options that can get the results you want and save court costs.
- Gain preventive techniques that may help the assisted living facility forestall litigation.
- Understand how insurance, government benefits, liens and medical offsets impact the settlement.
- Walk through the major steps of discovery and court procedure and get time-tested tips from experienced attorneys on both sides of the table.
- Uphold your impeccable reputation with an overview of common ethical dilemmas and their resolutions.
- Governing Laws and Regulations Update
9:00 - 10:00, Neal E. Shapero
- The Nursing Care Reform Act, DRA and Other Federal Regulations
- State Oversight and Regulation
- Impact of Medical Malpractice Reform on Nursing Home Litigation
- Nursing Home Standards of Care
- Types and Signs of Abuse/Neglect/Malpractice
- Possible Causes of Action
- Physician and Hospital Liability
- The Law of Damages - Impact of Non-Economic Damage Caps on Nursing Home Litigation
- Case Selection and Pre-Suit Considerations for Plaintiffs
10:15 - 11:15, Neal E. Shapero
- Tips for Effective Initial Client Interview
- Potentially Liable Parties
- Entities (nursing homes and assisted living facilities, day care programs, hospitals, the management companies)
- Persons (nurses and physicians responsible for care of resident, medical directors, administrators, directors of nursing)
- Red Flags to Look Out For, Cases to Avoid
- Has the Facility Filed for Bankruptcy?
- Resident's Family Relations: Frequency of Visits, Family Conflicts, etc.
- Early Liens Considerations
- Estate Administration Effect on Nursing Home Cases
- Arbitration Clauses and Procedure
- Assessing the Need for Experts
- Preventive Tips and Preliminary Defense Considerations
11:15 - 12:15, Thomas A. Prislipsky
- Complying With the Regulations
- Preventive Nursing and Dietary Practices
- Proactive Record-Keeping
- Evaluating the Potential Plaintiff
- Arbitration Clauses and Procedure
- Discovery and Court Procedure
1:15 - 2:15, Thomas A. Prislipsky
- Major Steps and Deadlines in Pursuing or Defending a Claim
- Obtaining and Analyzing Crucial Documents – The Checklist
- Other Potential Sources of Information
- Time Constraints in Filing Requests for Information
- Spoliation Issues
- Common Defenses
- Motions and Pleadings
- Working With Experts
- Attributing and Disputing Shared Fault
2:30 - 3:30, Neal E. Shapero
- Rules of Professional Conduct Update
- Working With the Clients' Mental Incapacity
- Avoiding Conflicts of Interest
- HIPAA Considerations in the Use of Medical Records
- Attorneys' Fees
- Successful Case Resolution Techniques
3:30 - 4:30, Thomas A. Prislipsky
- Enforceability of Arbitration Agreements