As the aging population in our country continues to grow at a steady pace, many of us will have family members living in nursing homes or other long-term care facilities because of their physical or mental condition.
This CLE presentation will cover the basics of nursing home litigation from both the plaintiff and defense perspective. Expert practitioners will offer guidance regarding documentation issues that are unique to nursing home litigation, common themes and defenses in typical nursing home litigation and a discussion of strategy concerning expert retention.
This program will outline the following topics:
-- Documents to request/preserve
-- Hybrid electronic/paper charts
-- Incident reports, 24 hour reports, staffing documents
-- Admissions documents, including arbitration agreement and power of attorney
-- Powers of attorney, raising estates
-- Are they enforceable?
-- Wrongful death
-- Practice standards
-- Significant co-morbidities and unavoidable wounds
-- Recovery/Impact on Quality of Life
-- Staffing claims
-- State regulation regarding staffing, 2.7 PPD
-- Nursing experts
Distribution of funds from recovery
-- Medical and Estate liens
-- Death petitions and special needs trusts
This program will provide attendees with basic tools to successfully litigate these challenging cases.