Nursing Home Litigation

October 11, 2017

Webcast only
8:30 a.m.
3 MCLE Credit Hours

This seminar will cover the mechanics of litigating nursing home neglect cases in Alabama. Topics will include the state and federal regulations governing nursing facilities, how to prove a nursing home case under the Alabama Medical Liability Act, typical injuries suffered by nursing home residents which often are neglect related, and other related topics. The seminar will be geared towards attorneys interested in learning the nuts and bolts of nursing home litigation as well as attorneys interested in deepening their understanding of these cases.

 

TO REGISTER FOR THE WEBCASTClick Here and follow the on screen instructions.

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The program will begin at 8:30 a.m. and end at 11:40 a.m. with a 10 minute break at mid-morning.

Presenters:

Perry Shuttlesworth, Shuttlesworth Lasseter LLC, Birmingham

Todd Harvey, Burke Harvey LLC, Birmingham


I. Overview

  • Breach of the Standard of Care
  • Failure to provide proper care and treatment = negligence.
  • Must prove that negligence by treatment providers was the “probable” cause of the injury.
  • Damages
  • Serious permanent injury or death
  • Long term care vs. rehab residents vs. respite care

II. Breach of the Standard of Care

  • Federal and State Regulations govern treatment provided in long term care facilities.

A. Pressure Sores
B. Urinary Tract Infections
C. Medication Errors
D. Falls
E. Dehydration, Renal Failure

III. Causation

  • Co-existence of health conditions, co-morbidities
  • Importance of hospital care, proper evaluation and documentation of condition

IV. Damages

  • Physical injury
  • Wrongful death
  • Punitive damages

V. Warning Flags for Neglect and Abuse

  • Septic shock related to bedsores, infection, urinary tract infection.
  • Fractures, hemorrhage, signs of trauma
  • Weight loss
  • Rapid decline

VI. Other Points, Considerations

  • Expense
  • Expert opinions.
  • Obtaining records

VII. Arbitration vs. Court

  • Enforceability of Arbitration Agreements
  • Arguments to defeat Arbitration
  • Strategies in Arbitration