Defending Nursing Homes in Pressure Wound Cases: Impact of New Regulations, Burdens of Proof, Evidentiary Challenges
Recording of a 90-minute CLE video webinar with Q&A
This CLE webinar will discuss defending nursing homes in cases involving decubitus ulcers a/k/a pressure ulcers, pressure wounds, pressure sores, bedsores. The panel will also address the impact of new regulatory changes for wound care that became effective on Oct. 1, 2023.
Outline
- Overview of pressure wounds and degree of severity
- State and federal regulatory schemes
- Plaintiff's burden of proof
- Defendant's standard of care
- Selecting the proper expert
- Negating the elements of the claim
- Overcoming familiar plaintiff tactics
Benefits
The panel will review these and other important issues:
- What is the National Pressure Injury Advisory Panel and are its guidelines persuasive?
- What specialties should defense counsel seek in an expert?
- What constitutes "regularly moving" a resident to prevent pressure sores?
Faculty
Mario C. Giannettino
Partner
Kaufman Borgeest & Ryan
Mr. Giannettino is a partner in the firm’s Medical Malpractice, General Liability and Skilled Nursing and Aging... | Read More
Mr. Giannettino is a partner in the firm’s Medical Malpractice, General Liability and Skilled Nursing and Aging Services groups. He represents a range of healthcare professionals and providers including residential healthcare and assisted living facilities, physicians, physician’s assistants, hospitals and home health agencies. In addition to defending suit from inception and through discovery, Mr. Giannettino also serves as a trial attorney. He has extensive experience in alternative dispute resolution methods, such as mediation and arbitration. In addition to litigation, Mr. Giannettino provides a broad spectrum of services to clients, including staff training, in-servicing and risk assessment. He also provides a variety of services to assist in compliance with privacy and security under the Health Insurance Portability and Accountability Act (HIPAA) and the Health Information Technology for Economic and Clinical Health Act (HITECH) with respect to the use, disclosure, exchange, retention and destruction of health information.
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Lindsey G. Nourse
Associate
Kaufman Borgeest & Ryan
Ms. Nourse is an associate attorney whose practice focuses on the defense of Medical Malpractice and Skilled Nursing,... | Read More
Ms. Nourse is an associate attorney whose practice focuses on the defense of Medical Malpractice and Skilled Nursing, Assisted Living, Home Care & Hospice matters. She represents hospitals, physicians, and other healthcare entities in all aspects of litigation. Ms. Nourse has a background in a wide variety of practice areas including New York City Real Estate Law, Consumer Debt Protection, Personal Injury, and Premises Liability.
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