Nursing Home Defense: Countering the Noncompliance Narrative, Proving Unavoidability, Diffusing Emotional Evidence
Recording of a 90-minute CLE video webinar with Q&A
This CLE course will review nursing home litigation defense strategies to counter the plaintiff's theories for frequently alleged injuries, such as pressure sores, falls, malnourishment, medication errors, neglect, or infection. The program will help counsel anticipate and curb plaintiffs' discovery and deposition strategies, mount defenses to liability, and navigate the plaintiff's attacks on unavoidability, comorbidities, third-party fault, and failure to thrive. The program will also address when and how to invoke the Public Readiness and Emergency Preparedness (PREP) Act.
Outline
- Relevant laws, regulations, surveys
- Pleading and affidavit requirements
- Common types of injuries
- Common defenses and plaintiff strategies
- Demonstrating compliance with regulations
- Unavoidability
- Comorbidities
- Third-party fault
- The role of survey data
- Independent actor vs. enterprise negligence
- PREP Act
Benefits
The panel will review these and other crucial issues:
- Can a case be won or lost at a deposition?
- Are the burdens of proof different under some statutory schemes than regular negligence?
- How does counsel show the defendants provided all reasonable care?
- What is the effect of state laws and the PREP Act on defense strategies?
Faculty
Craig C. Conley
Shareholder
Baker Donelson Bearman Caldwell & Berkowitz
Mr. Conley has significant experience in litigation in a variety of areas with an emphasis in health care litigation... | Read More
Mr. Conley has significant experience in litigation in a variety of areas with an emphasis in health care litigation involving hospitals, long-term care facilities, physicians, nurses and other health care providers. He also is experienced in health care regulatory matters, including issues involving federal and state regulations and licensing, survey and certification.
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Kristin Connors
Partner
Stockman O'Connor Connors
Ms. Connors concentrates her practice in the representation of health care providers and facilities and has also... | Read More
Ms. Connors concentrates her practice in the representation of health care providers and facilities and has also defended claims of product liability. She has been in practice since 1992. Attorney Connors is a highly regarded trial attorney, having successfully defended high exposure medical malpractice claims on behalf of physicians and care providers, acute care hospitals, long-term rehabilitation hospitals, skilled nursing facilities and home health agencies. The cases her clients have entrusted to her to defend have involved nearly every specialty of medicine and a wide variety of issues. The cases Ms. Connors has defended have included catastrophic injuries and death. She has long had a busy trial practice, including one malpractice case where evidence was conducted over the course of ten weeks. Further, Ms. Connors has successfully handled the appeals of those matters following jury verdicts in favor of her clients.
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Karie Valentino
Partner
Lewis Brisbois Bisgaard & Smith
Ms. Valentino is a member of the firm’s Long-Term Care and Elder Law, Healthcare, and Medical Malpractice... | Read More
Ms. Valentino is a member of the firm’s Long-Term Care and Elder Law, Healthcare, and Medical Malpractice Practices. She has engaged in numerous arbitrations and mediations and successfully tried to verdict multiple medical malpractice cases on behalf of physicians, nurses and hospitals, long-term care facilities and its employees. Ms. Valentino is the past President of the Women’s Bar Association of Illinois.
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