Nursing Home Litigation Strategies: Leveraging Documentation and Deposition Tactics for Both Plaintiffs and Defense

This session explores the critical external and internal documentation that forms the foundation of nursing home cases. Participants will learn about OBRA 1987 regulations, MDS assessments, state survey findings, and facility policies that establish standards of care and accountability.

Attorneys will gain practical strategies for deposing nursing staff, directors of nursing, and corporate representatives from both plaintiff and defense perspectives. The session covers how to leverage documentation gaps, prepare witnesses for cross-examination, and craft effective questions that advance case theory.

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

This session demonstrates how to combine MDS assessments, survey findings, and facility policies to build compelling negligence cases or mount effective defenses. Participants will learn to identify red flags in documentation and apply practical strategies through real-world case examples.

Expert witnesses play a crucial role in translating complex clinical and regulatory documentation for juries. This session covers how experts establish or refute standard of care violations, corroborate systemic issues, and anchor testimony in facility policies and OBRA requirements.