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Nursing Home Claims: Effective Prosecution, Preliminary Investigations, and Defense Strategies (2025 Edition)

2025-05-07 14:00:00

1.5 hours

2025-05-07 14:00:00

Over 1,000+ webinars

Comprehensive framework for prosecuting nursing home neglect cases, covering investigation strategies, discovery techniques, depositions, and defeating common defenses.

2025-05-07 14:00:00

1.5 hours

Comprehensive framework for prosecuting nursing home neglect cases, covering investigation strategies, discovery techniques, depositions, and defeating common defenses.

2025-05-07 14:00:00

1.5 hours

1000+

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Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

Course Overview

Prosecuting Nursing Home Neglect Claims Effectively

Participants will learn investigation strategies, deposition techniques, and defense-undermining methods specific to nursing home litigation. These skills enable practitioners to build compelling cases using publicly available data and regulatory frameworks.

Pre-Suit Investigation

Gather critical records and public data.

Deposition Strategy

Extract admissions from key facility personnel.

Defense Undermining

Dismantle unavoidability and noncompliance arguments systematically.

Expert Selection

Choose specialists matching specific case needs.

Course Overview

Prosecuting Nursing Home Neglect Claims Effectively

Participants will learn investigation strategies, deposition techniques, and defense-undermining methods specific to nursing home litigation. These skills enable practitioners to build compelling cases using publicly available data and regulatory frameworks.

Pre-Suit Investigation

Gather critical records and public data.

Deposition Strategy

Extract admissions from key facility personnel.

Defense Undermining

Dismantle unavoidability and noncompliance arguments systematically.

Expert Selection

Choose specialists matching specific case needs.

Why Attend

Why this 
program matters

Mastering nursing home litigation strategies is critical because these cases involve corporate malfeasance, federal regulatory violations, and the protection of our most vulnerable elderly population.
44%
Of nursing home residents reported being abused in a study of over 2,000 residents, according to research published in PMC/NCBI (National Institutes of Health).
1/24
Only one in 24 cases of elder abuse are reported to authorities, according to the National Council on Aging (NCOA).
64%
Of nursing home staff in institutional settings reported perpetrating some form of abuse in the past year, according to the World Health Organization.
94k+
Health citations were issued to U.S. nursing homes in 2023 by the Centers for Medicare and Medicaid Services, with 8.1% related to abuse, neglect, or exploitation.

Agenda

Session 1

Understanding the Nature of Nursing Home Cases

Session 2

Pre-Suit Investigation Strategies and Data Sources

Session 3

Strategic Discovery Techniques for Nursing Home Litigation

Session 4

Mastering Key Depositions to Win Your Case

Break

Break

Session 5

Defeating the Three Standard Nursing Home Defenses

Session 6

Selecting and Utilizing Expert Witnesses Effectively

clock 2:00 pm - 2:15 pm EST

Understanding the Nature of Nursing Home Cases

Michael Brusca

Davis & Brusca, LLC

This session distinguishes nursing home litigation from medical malpractice, emphasizing that these cases focus on patterns of corporate neglect rather than isolated medical errors. Participants will learn how facilities are regulated under CMS and state licensing, and why understaffing driven by profit motives is the central issue in most cases.

Michael Brusca

Davis & Brusca, LLC

clock 2:15 pm - 2:30 pm EST

Pre-Suit Investigation Strategies and Data Sources

Michael Brusca

Davis & Brusca, LLC

Attorneys will learn how to gather critical evidence before filing suit, including hospital records, EMS reports, and nursing home charts. This session covers publicly available resources such as PBJ staffing data, cost reports, CMS surveys, and five-star ratings that can build a compelling case foundation.

Michael Brusca

Davis & Brusca, LLC

clock 2:30 pm - 2:45 pm EST

Strategic Discovery Techniques for Nursing Home Litigation

Michael Brusca

Davis & Brusca, LLC

This session explores how to frame discovery requests to expose corporate malfeasance and understaffing. Participants will learn which documents to prioritize, including annual facility assessments, budget variance reports, staffing assignments, and the critical Minimum Data Set documentation.

Michael Brusca

Davis & Brusca, LLC

clock 2:45 pm - 3:00 pm EST

Mastering Key Depositions to Win Your Case

Michael Brusca

Davis & Brusca, LLC

Depositions are where nursing home cases are won or lost. This session provides detailed strategies for deposing Directors of Nursing, Administrators, and MDS Coordinators, with specific questions designed to obtain binding admissions and undermine anticipated defenses.

Michael Brusca

Davis & Brusca, LLC

clock 3:00 pm - 3:10 pm EST

Break

Michael Brusca

Davis & Brusca, LLC

A short intermission allowing participants to refresh before the remaining sessions. Use this time to review notes and prepare questions for the upcoming segments.

Michael Brusca

Davis & Brusca, LLC

clock 3:10 pm - 3:25 pm EST

Defeating the Three Standard Nursing Home Defenses

Michael Brusca

Davis & Brusca, LLC

Every nursing home case faces the same three defenses: Old/Sick/Dying, Noncompliance, and Unavoidable injury. This session teaches practitioners how to systematically undermine each defense using MDS documentation, RAI Manual citations, and carefully crafted deposition testimony.

Michael Brusca

Davis & Brusca, LLC

clock 3:25 pm - 3:40 pm EST

Selecting and Utilizing Expert Witnesses Effectively

Michael Brusca

Davis & Brusca, LLC

Successful cases require the right expert testimony to establish standard of care and medical causation. Participants will learn which nursing and physician experts are essential versus optional, and how to use deposition testimony to constrain and impeach defense experts at trial.

Michael Brusca

Davis & Brusca, LLC

01 07
Prev
Next

Key topics that will be covered

What will you learn

Attorneys will learn how nursing home litigation differs from medical malpractice, focusing on corporate malfeasance, understaffing patterns, and regulatory violations rather than complex medical issues.

What will you gain

Attorneys will gain practical strategies for depositions, discovery techniques, methods to undermine common defenses, and knowledge of publicly available data sources for building cases.

Case Framework
These cases focus on “why” neglect happened, not just “what” occurred.
Pre-Suit Investigation
Access PBJ staffing data, cost reports, surveys, and five-star ratings before filing.
Key Depositions
DON and administrator depositions are where nursing home cases are won or lost.
MDS Documents
The Minimum Data Set determines reimbursement and contains sworn certifications about resident conditions.
Common Defenses
Undermine OSD, noncompliance, and unavoidability defenses using RAI Manual citations.
Expert Witnesses
Cases require nurse standard of care experts and physicians for medical causation testimony.

What will you learn

Attorneys will learn how nursing home litigation differs from medical malpractice, focusing on corporate malfeasance, understaffing patterns, and regulatory violations rather than complex medical issues.

What will you gain

Attorneys will gain practical strategies for depositions, discovery techniques, methods to undermine common defenses, and knowledge of publicly available data sources for building cases.

Plans

Proven CLE solutions for every legal professional

Access type Individual Purchase Basic Premium Most Popular Corporate CLE Plan
Price
$95 – $245
Price varies based
on the course duration
of 1 to 3+ hours
$395/year
One-time purchase
Custom
based on firm size
Access type Pay per class Unlimited annual access Unlimited access for all firm members
Number of Available Webinars 1 1,000+ 1,000+
Number of New Webinars Added Yearly Limited 500+ 500+
Earn "Live" CLE credit Included Included Included
Ability to Ask Questions During
the Presentation via a Chat Box
Included Included Included
Attend "Live" Re-Broadcasts Included Included Included
Exclusive Partner Webinars & Events Included Included
Special credits (Ethics, Elimination
of Bias, etc.)
Included Included
Instant Certificates After Completion Included Included
Personalized CLE Platform Included Included
Live Conferences Included
Bootcamps Included
Individual Purchase
Basic
Premium
Corporate CLE Plan
$95 – $245
Price varies based
on the course duration
of 1 to 3+ hours
Access type Pay per
class
Number of Available Webinars 1
Number of New Webinars Added Yearly Limited
Earn "Live" CLE credit Included
Ability to Ask Questions During
the Presentation via a Chat Box
Included
Attend "Live" Re-Broadcasts Included
Exclusive Partner Webinars & Events
Special credits (Ethics, Elimination
of Bias, etc.)
Instant Certificates After Completion
Personalized CLE Platform
Live Conferences
Bootcamps

speakers

Joe Ervin

The Law Firm for Truck Safety, LLP
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Kevin Foley

Reminger Co
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Grant H. Lawson

The Law Firm for Truck Safety, LLP
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Michael Brusca

Davis & Brusca, LLC

Michael Brusca

Davis & Brusca, LLC

Since 2009, Michael has devoted his practice to representing vulnerable people and their families in abuse, neglect, and death cases in nursing homes, rehabs, assisted living facilities, group homes, and hospitals. He is one of a select few lawyers in New Jersey to truly concentrate their practice in this area.

Recognition & Leadership

He has been published many times, including in the New Jersey Law Journal and in 'Trial' – the national attorney magazine published & disseminated by the American Association for Justice. He was lead counsel for the plaintiff in the case of Dwyer v. Harborview, which generated the largest nursing home verdict to date: $13.2 Million.

Professional Involvement

He is the past chairman of the Executive Board of the National Nursing Home Litigation Group for the American Association for Justice. He regularly lectures around the country and teaches other lawyers to prosecute these claims.

Experience

Prior to entering private practice, Michael served as a Judge Advocate in the United States Air Force, where he tried many cases all over the world, including Japan, Qatar and Kuwait. He has been consulted by reporters and law enforcement in this field.

Michael Brusca

Davis & Brusca, LLC

Since 2009, Michael has devoted his practice to representing vulnerable people and their families in abuse, neglect, and death cases in nursing homes, rehabs, assisted living facilities, group homes, and hospitals. He is one of a select few lawyers in New Jersey to truly concentrate their practice in this area.

Recognition & Leadership

He has been published many times, including in the New Jersey Law Journal and in 'Trial' – the national attorney magazine published & disseminated by the American Association for Justice. He was lead counsel for the plaintiff in the case of Dwyer v. Harborview, which generated the largest nursing home verdict to date: $13.2 Million.

Professional Involvement

He is the past chairman of the Executive Board of the National Nursing Home Litigation Group for the American Association for Justice. He regularly lectures around the country and teaches other lawyers to prosecute these claims.

Experience

Prior to entering private practice, Michael served as a Judge Advocate in the United States Air Force, where he tried many cases all over the world, including Japan, Qatar and Kuwait. He has been consulted by reporters and law enforcement in this field.

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MCLE Credits

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Pending
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Alabama

Requirements

The Alabama State Bar MCLE Commission requires attorneys to complete 12 credits, including 1 ethics, by December 31 of each year. All credits must be reported by February 15 of the following year. A maximum of 12 credits, including 1 ethics credit, may be carried over for 1 year only.  

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