Litigating Nursing Home/Assisted Living Facility Claims
Category: On Demand
Member Price: $200
Non-Member Price: $250
Areas of Law: Civil Trial Bar
| NJ CLE: | NJ CLE information: This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 4 hours of total CLE credit (Full Credits Available: NJ Civil Trial Attorney Credit: 4.0, NJ General: 4.0). |
| NY CLE (t&nt): | NY Professional Practice Transitional: 4.0 |
| PA CLE: | PA Substantive Credit: 3.0
New: No PACLE fee is required for this program. To earn PA CLE credits, a valid PA Bar ID number must be entered into the CLE form provided after attending the program. |
Keynote
Moderator
- Victoria A. Schall, Esq.
- Schall At Law LLC, Marlton
Presenters
- Peter D. Espey, Esq.
- Weber Gallagher Simpson Stapleton Fires & Newby LLP, Bedminster
- Alex Fajardo, Esq.
- Hispanic Bar Association, NJSBA
Javerbaum Wurgaft Hicks Kahn Wikstrom & Sinins, PC, Springfield - Monica Fillmore, Esq.
- Burns White LLC, Cherry Hill
When we entrust the care of our loved one to a nursing home, assisted living facility or a home health care giver, we are promised that they will be treated with dignity and protected from harm. Yet, despite the high cost of long-term health care, many elderly people have suffered long-term care abuse.
A distinct and evolving body of law exists in New Jersey that is unique to Long-Term Care (LTC) facilities such as nursing homes, assisted living facilities, home healthcare and group homes. These long-term care providers have legal and regulatory standards that are dramatically different from those faced by other health care providers.
This seminar will address the current legal concerns in cases that involve long-term healthcare neglect or inadequate care. Our panel is comprised of attorneys specializing in long-term health care litigation, who will discuss:
- The law and why LTC cases differ from medical malpractice
- Ascertaining if you have a case and if so, going about suing the nursing home or assisted living facility.
- Medical issues and problems that give rise to potential liability including nursing home resident/patient care issues.
- Specific litigation considerations.
- Liability of residential caregivers.
- Tips for preparing and presenting cases.
Who should attend:
- Lawyers whose practices include issues involving nursing homes and assisted living facilities
- Elder law attorneys
- Personal injury attorneys
- Facility administrators
- Claims supervisors, handlers and adjusters
- Health care professionals
Program Agenda:
- 9:00 | Welcome
- 9:05 | Nursing Home Claims Differing from Medical Malpractice
- Regulations – Federal, state, residents’ rights
- Incident claims vs. systemic claims
- Nursing home vs. assisted living claims - 9:20 | Pre-suit Considerations
- Facilities
- Families
- Injuries
- Determining whether to file a case or not - Falls, pressure ulcers, choking, elopement, infection - 9:40 | Litigation
- Affidavit of merit
- Interrogatories
- Paper discovery exchanges and issues - Confidentiality, incident reports, financial documents
- Depositions
- Plaintiff Depositions
- Prepping, appearing, defending
- Taking- questions pertinent to these cases in particular
- Defendant Depositions
- Who? The order?
- Prepping the witnesses
- Information pertinent to the type of witness
- 30(b)(6) depositions - 10:40 | Break
- 10:50 | Experts
- Who to get? How to use?
- Reports – Issues as to who can opine about what issues
- Depositions - 11:20 | Trial
- Preparation
- Motions in limine
- Jury charges - 11:50 | Other Litigation Issues
- Does the Nursing Home Act apply?
- Residents’ rights
- Liens: Medicare, Medicaid, Medicare Advantage, ERISA, and DDD - 12:30 | Final Comments
- 12:35 | Adjourn