Nursing home malpractice cases can turn complicated quickly. Pursuing the nursing home facility and/or members of staff who have committed acts of negligence or abuse leading to resident injury or suffering can be a lengthy process. To protect your clients to the best of your ability, you need to be fully up to speed on the latest federal laws and regulations, insurance policies and claims, and negotiation tactics that can make or break the case. Whether you're new to this area of practice, or you just need a refresher, skilled faculty will walk you through the steps you need to take to maximize the legal interests of your client against physical, mental, psychosocial, or financial losses as a result of nursing home malpractice – Order today!

1. Governing Laws and Industry Regulation of Assisted Care Facilities
2. Common Nursing Home Injuries and other Causes of Action
3. Plaintiff's View of Case Selection, Pre-Suit Investigation and Litigation Tactics
4. Insurance, Liens and Offsets
5. Defense Litigation Strategies
6. Ethics

Continuing Education Credits:   

Continuing Legal Education

Credit Hrs    State    Credit Approval Expiration

* denotes specialty credits

All times shown in Eastern Time

1. Governing Laws and Industry Regulation of Assisted Care Facilities
   10:00 - 11:00, Susie McGregor-Huyer
1. The Nursing Care Reform Act, DRA and Other Federal Regulations
2. State Oversight and Regulation
3. Impact of Medical Malpractice Reform on Nursing Home Litigation
2. Common Nursing Home Injuries and Other Causes of Action
   11:15 - 12:15, Susie McGregor-Huyer
1. Nursing Home Standards of Care
2. Types and Signs of Abuse/Neglect/Malpractice
3. Physician and Hospital Liability
4. Common Injury Scenarios
3. Plaintiff's View of Case Selection, Pre-Suit Investigation and Litigation Tactics
   12:15 - 1:15, Kelly L. Centofanti
1. Tips for Effective Initial Client Interview
2. Investigating Potentially Liable Parties
1. Entities (nursing homes and assisted living facilities, day care programs, hospitals, the management companies)
2. Persons (nurses and physicians responsible for care of resident, medical directors, administrators, directors of nursing)
3. Red Flags to Look Out For
1. Has the Facility Filed for Bankruptcy?
2. Resident's Family Relations: Frequency of Visits, Family Conflicts, etc.
3. Early Liens Considerations
4. Major Steps and Deadlines in Pursuing or Defending a Claim
5. Disputing Enforceability of Arbitration Agreements
6. Effective Use of Experts
7. Obtaining and Analyzing Crucial Documents - The Checklist
8. Other Potential Sources of Information
9. Time Constraints in Filing Requests for Information
10. Spoliation Issues
11. Motions and Pleadings
12. Attributing and Disputing Shared Fault
13. Estate Administration Effect on Nursing Home Cases
14. Settlement Negotiation Tactics
15. Appealing Unfavorable Decisions
4. Insurance, Liens and Offsets
   1:45 - 2:45, Michael P. Crooks
5. Defense Litigation Strategies
   3:00 - 4:00, Michael P. Crooks
1. Pre Suit Investigation
1. Evaluating the Potential Plaintiff
2. Arbitration Clauses and Procedure
2. Mediation
3. Litigation Strategies
1. Major Steps and Deadlines in Defending a Claim
2. Effective Defense Tactics in Common Malpractice Claims
3. Attributing and Disputing Shared Fault
4. Minimizing the Effect of Opposing Expert Testimony
5. Regulatory and Criminal Aspects of a Civil Malpractice Defense Case
6. The Latest Relevant Case Law
7. Settlement Negotiation Tactics
8. Appeals
6. Ethics
   4:00 - 5:00, Kelly L. Centofanti
1. Rules of Professional Conduct
2. Dealing with Clients' Diminished Mental Capacity
3. Avoiding Conflicts of Interest
4. Complying with HIPAA When Using Medical Records
5. Setting and Collecting Attorney Fees

KELLY L. CENTOFANTI is the managing partner of Centofanti Law, S.C. Her practice focuses on personal injury litigation on the plaintiff's side. Ms. Centofanti handles cases involving medical; legal; and other professional negligence, malpractice, nursing home neglect and abuse, insurance bad faith, motor vehicle and boating accidents, and premises liability. She has lectured at numerous seminars, CLE programs, and classes at Marquette University and the University of Wisconsin Law School. In addition, Ms. Centofanti has served on the faculty of six National College of Advocacy Trial Skills Colleges (essentials, Houston; medical malpractice, Safety Harbor; depositions, Atlanta; direct and cross-examination, Phoenix and Knoxville; advanced depositions, Denver). She has spoken at two American Trial Lawyers of America (ATLA) National Conventions and was a speaker at the 2002 ATLA Weekend of the Stars in New York City. Ms. Centofanti addressed a national audience of trial lawyers on the topic of medical malpractice at a special ATLA symposium in Washington, D.C., in June 2004; and national audiences at two-day seminars on successfully handling nursing home cases, one in Las Vegas in September 2004 and the other in Albuquerque in September 2005. She also spoke on the importance of focus groups at a NJ-AAJ seminar in Atlantic City in April 2007. Ms. Centofanti edits a chapter in the State Bar of Wisconsin book, The Law of Damages in Wisconsin, and has appeared on the State Bar of Wisconsin's Law Talk cable show, both as a guest and host. She has served as chair of numerous state bar committees and has been involved in many other committees and boards. She has served as president of the Milwaukee Bar Association; secretary of the State Bar of Wisconsin; president of the Association for Women Lawyers; and chair of the Milwaukee Bar Association Litigation, Civil Bench/Bar and Judicial Selection committees. She was recently named one of the Top Twenty Women in the Law for 2005 by the Wisconsin Law Journal. Ms. Centofanti earned her undergraduate degree from Marquette University and graduated, magna cum laude, from Marquette University Law School.

MICHAEL P. CROOKS is a shareholder with the Milwaukee firm of Peterson, Johnson & Murray, S.C., where he runs the Madison office. His main area of practice is insurance defense litigation, medical malpractice, products liability work, defamation suits, breach of contract and third-party recovery. Mr. Crooks earned his B.A. degree, cum laude, from the University of Notre Dame and his J.D. degree, cum laude, from the University of Wisconsin. Since law school, he has lectured for the State Bar of Wisconsin's "Building Your Practice" series; the Wisconsin Judicial College; the Civil Trial Counsel of Wisconsin on litigation issues and municipal immunity; the Wisconsin Law School on mediation and discovery practices; and various other litigation related topics for many other groups. In 2002, 2003, 2005, 2007, and 2008, Mr. Crooks was named to the list of Dane County's Top Lawyers. He became a board certified trial lawyer in 2004. In 2005-2006, Mr. Crooks served as president of the Civil Trial Counsel of Wisconsin, and was a long time member of the Board of Directors for CTCW. Additionally, he was formerly the treasurer of the James E. Doyle Inn of Courts. Mr. Crooks serves as a special investigator for the Office of Lawyer Regulation. He was listed in the 2006, 2007, 2008, 2009, and 2010 Super Lawyers. Mr. Crooks was inducted into the American Board of Trial Advocacy (ABOTA) in 2007. He was named to the Best Lawyers in America in 2007, 2008, and 2009. In 2008, Mr. Crooks was appointed by Judge John Markson as a court commissioner. In 2009, he was named to the Super Lawyers Top 50. Mr. Crooks is admitted to practice before the state courts of Wisconsin, Federal Courts of Wisconsin and the 7th Circuit Court of Appeals.

SUSIE MCGREGOR-HUYER has been involved in healthcare since 1990, first as a paramedic, then as a nurse. Ms. McGregor-Huyer completed her BSN in 1998 and her MSN in 2001, gaining significant experience in both outpatient and inpatient settings in a variety of roles. In 1993, she began hospice work, where she eventually moved into leadership roles, including four years of administration work. Ms. McGregor-Huyer has been active as an affiliate faculty member, teaching undergraduate and graduate community nursing online for four years. Her years of nursing experience have currently led to consulting, where she now provides legal nurse consulting services and nursing education consulting services in the Twin Cities and surrounding areas. Ms. McGregor-Huyer's legal nurse consulting practice specializes in products liability, personal injury, medical malpractice and nursing home negligence cases, where she provides attorneys and their team with a "medical" interpretation and perspective on their cases. She holds a certification as a legal nurse consultant and is a hospice and palliative care nurse. Ms. McGregor-Huyer is active in the National Alliance of Certified Legal Nurse Consultants and in the American Holistic Nurses Association. She is managing member of the Juris Education Resource and Legal Nurse Consulting.

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