Nursing home litigation sits on the crossroads of many areas of law, including medical malpractice, insurance, premises liability, personal injury, elder law, criminal, probate and government benefits. To effectively handle such a case, you can spend decades mastering each of these law specialties, or you can get the focused collection of pertinent facts wrapped up in real-life case studies, complete with sample documents, prepared by experienced attorneys from both sides of the table. Whether you're planning your first nursing home case or you just need a legal update on the subject, this is for you. Order today!

1. Governing Laws and Regulations Update
2. Case Selection and Pre-Suit Considerations for Plaintiffs
3. Preventive Tips and Preliminary Defense Considerations
4. Insurance, Liens and Offsets
5. Discovery and Court Procedure – Plaintiff's Perspective
6. Defense Litigation Strategies
7. Ethics

1. Governing Laws and Regulations Update
   9:00 - 9:45, Tara J. Clayton
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
4. Nursing Home Standards of Care
5. Types and Signs of Abuse/Neglect/Malpractice
6. Possible Causes of Action
7. Physician and Hospital Liability
8. The Law of Damages - Impact of Non-Economic Damage Caps on Nursing Home Litigation
2. Case Selection and Pre-Suit Considerations for Plaintiffs
   9:45 - 10:45, Martha Marie Eastman
1. Tips for Effective Initial Client Interview
2. 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, Cases to Avoid
1. Has the Facility Filed for Bankruptcy?
2. Resident's Family Relations: Frequency of Visits, Family Conflicts, etc.
3. Early Liens Considerations
4. Estate Administration Effect on Nursing Home Cases
5. Arbitration Clauses and Procedure
6. Assessing the Need for Experts
3. Preventive Tips and Preliminary Defense Considerations
   11:00 - 12:00, Julie M. McDonnell
1. Complying With the Regulations
2. Preventive Nursing and Dietary Practices
3. Proactive Record-Keeping
4. Evaluating the Potential Plaintiff
5. Arbitration Clauses and Procedure
4. Insurance, Liens and Offsets
   1:00 - 1:45, Tara J. Clayton
5. Discovery and Court Procedure – Plaintiff's Perspective
   1:45 - 2:30, Martha Marie Eastman
1. Major Steps and Deadlines in Pursuing or Defending a Claim
2. Obtaining and Analyzing Crucial Documents – The Checklist
3. Other Potential Sources of Information
4. Time Constraints in Filing Requests for Information
5. Spoliation Issues
6. Motions and Pleadings
7. Working With Experts
8. Attributing and Disputing Shared Fault
6. Defense Litigation Strategies
   2:45 - 3:30, Julie M. McDonnell
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. Ethics
   3:30 - 4:30, Martha Marie Eastman
1. Rules of Professional Conduct Update
2. Working With the Clients' Mental Incapacity
3. Avoiding Conflicts of Interest
4. HIPAA Considerations in the Use of Medical Records
5. Attorneys' Fees

TARA J. CLAYTON is a defense attorney with Middleton & Reutlinger, where her areas of practice are commercial litigation and health care law. She has experience in insurance coverage and defense litigation, as well as representing creditors in prosecuting their claims. Ms. Clayton has presented at the Kentucky Association of Homes and Services for Aging and the National Association of Medical Examiners. She is a board-certified Medical Technologist (ASCP) and has worked in the Norton hospital laboratory. Ms. Clayton is a member of the Louisville, Kentucky; Indiana State; Ohio State; and American bar associations, and is a former member of the Louis D. Brandeis American Inn of Court and the Sherman Minton American Inn of Court. She earned her B.H.S. degree, summa cum laude, from the University of Louisville and her J.D. degree, magna cum laude, from the University of Louisville Brandeis School of Law.

MARTHA MARIE EASTMAN is the principal of Eastman Law Office, where she practices in the areas of medical malpractice, nursing home abuse and neglect, general civil litigation and personal injury. Ms. Eastman was recently a faculty member at the National Judicial College in Reno, Nevada, Trial Advocacy College, where she spoke on essentials of civil litigation sponsored by ATLA. She has spoken at the American Trial Lawyers Association's National Convention in San Francisco, California, on "Discovery in Nursing Home Litigation." Ms. Eastman has lectured on nursing home topics in Toronto, Florida, New Mexico, and Kentucky. She is a member of the Kentucky, Tennessee and North Carolina bar associations, The Association of Trial Lawyers of America (chair, Nursing Home Litigation Practice Group), the North Carolina Academy of Trial Lawyers and the Kentucky Academy of Trial Attorneys (Board of Governors). Ms. Eastman earned her B.S. degree from Kent State University and her J.D. degree, cum laude, from the University of Louisville, Louis D. Brandeis School of Law.

JULIE M. McDONNELL is an attorney with the law firm of Stites & Harbison PLLC, in Louisville. She is experienced in handling medical and product liability litigation involving drugs, medical devices and other consumer products. Ms. McDonnell also has experience in toxic tort matters involving exposure to asbestos, welding fumes and coal dust/silica. In addition, she also represents hospitals, physicians and nursing homes in personal injury and premises liability matters. Ms. McDonnell has tried several cases to jury verdict and has experience handling appellate issues. She earned her B.A. degree from Transylvania University and her J.D. degree from the Louis D. Brandeis School of Law at the University of Louisville. Ms. McDonnell is a member of the Women Lawyers Association Jefferson County; the Louisville, Kentucky and American bar associations; the Defense Research Institute and the Louis D. Brandeis American Inn of Court. She is co-author, "Preparation for Trial and Organization of Trial Materials," UK/CLE Kentucky Civil Practice at Trial Handbook, 3d ed. (2008) and co-author, Kentucky section of the Product Liability Desk Reference, 2005 and 2006.

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