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Date: 06/12/2013

6 CLE CREDITS - 3 Areas of Professional Practice & 3 Skills


Seminar Overview:

  • The Federal and New York State Statutes and Regulations governing Nursing Homes litigation
  • What Federal and New York State mandated documents Nursing Homes are required to keep
  • and how to use them
  • A discussion of the different types of Nursing Home Cases and how they impact your clients? compensation
  • How to litigate a pressure ulcer case: Common defenses, know the statistics, get the documents, take the depositions and photos vs. no photos
  • Application of the public health law to your deposition in a pressure ulcer case
  • Using the Director of Nursing to set the standard of care in a pressure ulcer case
  • Define "avoidable" and "unavoidable" as applied to pressure ulcers
  • How to determine if the medical chart has been tampered with
  • Review pressure ulcers as a quality indicator
  • When to use and not to use a Forensic Expert when you have a tampered medical record
  • Review the historical and regulatory context of the ?avoidable vs. unavoidable? debate
  • Review contemporary opinions regarding avoidability
  • Nursing Home Litigation as a growth field
  • What you need to know before handling your first nursing home case
  • How to effectively depose nursing home witnesses so that punitive damages can be obtained
  • What to look for before you agree to sign up a Nursing Home case
  • Proving the Nursing Home case - what is the standard of care?
  • Background/Public Policy leading to 2801(d)
  • Punitive damages
  • Strategies for trying Nursing Home Cases: problems and pitfalls




Michael Feldman, Esq. - Chair

Nursing Home 101: A discussion on the PHL 2801d and basic Nursing Home issues

Jacoby & Meyers


Honorable Stanley Green

The Judicial Perspective on Nursing Home Cases

Bronx County Supreme Court


Wendy Fleishman, Esq.

Qui Tam Actions for Nursing Homes

Lieff Cabraser Heimann & Bernstein, LLPDavid J. Hoey, Esq.

How to Litigate a Pressure Ulcer case

Law Office of David J. Hoey, P.C.


Jeffrey M. Levine, MD

A Medical Expert?s Perspective on Pressure Ulcers in Nursing Homes

Beth Israel Medical Center


Benjamin E. Setareh, Esq.

Pressure Ulcer Depositions, Tampered Nursing Home Records

Benjamin E. Setareh, P.C.