High-Stakes Orthopedic Injury Claims: IME Strategy, Healthcare Liability, and Exposure Control (2026 Edition)

Silvia Aninye
Silvia Aninye
Weber Legal Nurse Consulting Inc.

Silvia Aninye, RN, ADN, BSN, PHN, CLNC, has served the State of California for the past 14 years in the area of legal nurse consulting, with a strong emphasis on defense medical examinations. She is widely recognized as a leading nurse expert attending defense medical examinations and is frequently sought out by attorneys for guidance in this area.

Michael Brusca
Michael Brusca
Davis & Brusca, LLC

Michael Brusca is a partner at Davis & Brusca, LLC, and since 2009 has devoted his practice to representing vulnerable individuals and their families in cases involving abuse, neglect, and wrongful death in nursing homes, rehabilitation centers, assisted living facilities, group homes, and hospitals. He is among a select few attorneys in New Jersey who truly concentrate their practice in this area.

Live Video-Broadcast: March 20, 2026

2 hour CLE

Tuition: $195.00
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Program Summary

What Will You Learn

Attendees will learn how to strategically evaluate orthopedic injury claims from initial medical examination through institutional liability analysis. They will understand how IMEs, expert opinions, and medical documentation influence causation, damages, and overall case exposure. The webinar clarifies the roles of observers and experts while highlighting common procedural, evidentiary, and credibility pitfalls. Participants will also learn how to identify risks early and align clinical findings with defensible legal strategy.

What Will You Gain

Attendees will gain a comprehensive, start-to-finish framework for analyzing high-exposure orthopedic cases with greater precision and confidence. They will strengthen their ability to assess liability, evaluate damages, and collaborate effectively with medical experts and counsel. The program provides practical tools for improving documentation, minimizing strategic missteps, and enhancing case defensibility. Ultimately, participants will leave better equipped to contribute meaningfully to litigation, mediation, and trial preparation.

This course is co-sponsored with myLawCLE. (Remove it)

Key topics to be discussed:

  • Strategic role of orthopedic IMES in high-exposure cases
    Explores how IMEs shape causation analysis, disability evaluation, treatment necessity, and future medical exposure in complex orthopedic claims.
  • Defense & observer strategy: Roles, ethics, and objectives
    Defines how defense teams and observers secure defensible medical opinions while maintaining neutrality, procedural integrity, and credibility.
  • Pre-exam preparation & orthopedic exam structure
    Covers comprehensive file review, claimant preparation, and understanding exam components to ensure informed, accurate observation.
  • Real-time observation, critical thinking & communication
    Focuses on identifying clinical and behavioral inconsistencies, evaluating exam conduct, and using mediation-grade communication skills.
  • Pitfalls, documentation & post-exam analysis
    Addresses common observer mistakes, the importance of objective documentation, and structured post-exam comparison to prior records.
  • Liability, damages & expert integration in healthcare injury claims
    Examines how liability is established, damages are evaluated, and experts are leveraged in orthopedic cases arising in institutional settings.

Date / Time: March 20, 2026

  • 1:00 pm – 3:10 pm Eastern
  • 12:00 pm – 2:10 pm Central
  • 11:00 am – 1:10 pm Mountain
  • 10:00 am – 12:10 pm Pacific

Closed-captioning available

Speakers

Silvia Aninye | Weber Legal Nurse Consulting Inc.

Silvia Aninye, RN, ADN, BSN, PHN, CLNC, has served the State of California for the past 14 years in the area of legal nurse consulting, with a strong emphasis on defense medical examinations. She is widely recognized as a leading nurse expert attending defense medical examinations and is frequently sought out by attorneys for guidance in this area. Silvia has educated both attorneys and nurses on the rules governing defense medical examinations and has built a reputation as a trusted authority in the field. Her nursing background includes medical-surgical practice, workers’ compensation, and medical malpractice review, including work at LAC+USC Medical Center, the number one trauma center in Los Angeles County. In addition, she has worked with numerous insurance companies, including Crawford & Company, Boardspire Inc., and Windsor Insurance, in policy making, workers’ compensation, subrogation, and case management. Silvia is also an author, keynote speaker, certified mediator in the State of California, and an accomplished arbitrator for a FINRA regulatory organization for the SEC, with over 25 years of experience in the auto insurance, workers’ compensation, and case management industries.

Legal Focus

  • Defense Medical Examinations (DMEs)/Independent Medical Examinations (IMEs)Legal Nurse Consulting
  • Workers’ Compensation
  • Medical Malpractice Review
  • Subrogation and Case Management

Professional Experience

  • 14 years serving the State of California in legal nurse consulting
  • Extensive experience attending and advising on defense medical examinations
  • Medical-Surgical nursing background
  • Workers’ Compensation and medical malpractice review
  • LAC+USC Medical Center (Los Angeles County’s number one trauma center)
  • Insurance industry experience with Crawford & Company, Boardspire Inc., and Windsor Insurance
  • Policy making, workers’ compensation adjusting, subrogation, and case management
  • 25 years’ experience in auto insurance, workers’ compensation, and field and telephonic case management

Honors & Awards

  • Recognized as a “go to” expert nurse for defense medical examinations by attorneys

Credentials & Leadership

  • Registered Nurse (RN)
  • Associate Degree in Nursing (ADN)
  • Bachelor of Science in Nursing (BSN)
  • Public Health Nurse (PHN)
  • Certified Legal Nurse Consultant (CLNC)
  • Certified Mediator, State of California
  • Arbitrator for a FINRA regulatory organization for the SEC
  • Keynote speaker on Defense Medical Examinations for nursing organizations
  • Founder of an online program, mentoring program, and coaching program on defense medical examinations
  • Creator of the only app available on web, iOS, and Android for defense medical examinations for attorneys
  • Founder of an LNC online resource center, including articles, current events, and a podcast center

Education

  • Associate Degree in Nursing (ADN)
  • Bachelor of Science in Nursing (BSN)

Select Media & Speaking

  • Keynote speaker on Defense Medical Examinations for nursing organizations
  • Author of Independent Medical Exams: A Guide for Attorneys in the Use of Nurses
  • Author of Defense Medical Exams Made Easy: A Painless Guide for LNCs (2024)
  • Host of a podcast center focused on defense medical examinations

Representative Engagements

  • Advising attorneys on defense medical examinations
  • Educating attorneys and nurses on rules governing defense medical examinations
  • Serving as an arbitrator for a FINRA regulatory organization for the SEC
  • Providing mediation services as a certified mediator in California
  • Developing educational programs and digital tools focused on defense medical examinations

 

Michael A. Brusca_ Davis & Brusca, LLC_myLawCLEMichael Brusca | Davis & Brusca, LLC

Michael Brusca is a partner at Davis & Brusca, LLC, and since 2009 has devoted his practice to representing vulnerable individuals and their families in cases involving abuse, neglect, and wrongful death in nursing homes, rehabilitation centers, assisted living facilities, group homes, and hospitals. He is among a select few attorneys in New Jersey who truly concentrate their practice in this area. Michael regularly lectures across the country, teaching other lawyers how to properly prosecute these complex claims, and has been consulted by reporters and law enforcement on issues involving institutional abuse and neglect. He has been published multiple times, including in the New Jersey Law Journal and in Trial, the national attorney magazine published by the American Association for Justice. A former Judge Advocate in the United States Air Force, Michael tried cases worldwide, including in Japan, Qatar, and Kuwait, bringing extensive trial experience and a deeply personal commitment to seeking justice for families affected by institutional wrongdoing.

Legal Focus

  • Nursing home abuse and neglect
  • Institutional abuse and neglect in rehabs, assisted living facilities, group homes, and hospitals
  • Wrongful death cases involving vulnerable individuals

Professional Experience

  • Partner, Davis & Brusca, LLC
  • Devoted practice since 2009 to institutional abuse, neglect, and death cases
  • Former Judge Advocate, United States Air Force
  • Tried cases internationally, including in Japan, Qatar, and Kuwait
  • National lecturer teaching attorneys how to prosecute nursing home and institutional cases
  • Consulted by reporters and law enforcement in the field of institutional abuse and neglect

Honors & Awards

  • Lead counsel for the plaintiff in Dwyer v. Harborview, which generated a $13.2 million nursing home verdict (later subject to post-trial motions, appeal, and settlement)

Credentials & Leadership

  • Past Chairman, Executive Board, National Nursing Home Litigation Group, American Association for Justice
  • Regular national lecturer on nursing home litigation and institutional abuse claims

Education

  • J.D., Temple University Beasley School of Law, 2002
  • B.S., The Pennsylvania State University, 1996

Select Media & Speaking

  • Published in the New Jersey Law Journal
  • Published in Trial, the national attorney magazine of the American Association for Justice
  • Regular lecturer nationwide on prosecuting nursing home and institutional abuse cases
  • Consulted by reporters and law enforcement on related issues

Representative Engagements

  • Lead counsel in Dwyer v. Harborview (New Jersey)
  • Representation of families in abuse, neglect, and wrongful death cases involving nursing homes, rehabs, assisted living facilities, group homes, and hospitals
  • Trial advocacy as Judge Advocate in the United States Air Force across multiple international jurisdictions

Agenda

I. Independent Medical Exams in Orthopedic Injury Cases: Strategy, Preparation & Pitfalls | 1:00pm – 2:00pm

Orthopedic IMEs are uniquely high stakes because musculoskeletal injuries often drive the largest exposure, the longest treatment timelines, and the most subjective disability claims. A well executed IME can clarify causation, functional capacity, and treatment necessity; a poorly managed one can derail a case. This session covers an actionable framework that blends clinical insight, legal strategy, and mediation grade communication—exactly the intersection where defense medical observers excel.
This program expands beyond foundational IME principles by equipping defense medical observers with a structured, start-to-finish methodology that strengthens credibility at every stage of the process. It emphasizes disciplined preparation, real-time critical thinking, and precise, behavior-based documentation that withstands legal scrutiny. Participants learn how to evaluate exam integrity, identify clinical and behavioral inconsistencies, and avoid common observer pitfalls that weaken defensibility. The training also clarifies the nuanced differences in examiner orientation, reporting dynamics, and litigation positioning that influence how opinions are perceived. Finally, it demonstrates how to translate observations into strategically organized summaries that support attorneys through discovery, mediation, and trial.

Break | 2:00pm – 2:10pm

II. Orthopedic Injury Claims Arising in Nursing Home and Healthcare Settings | 2:10pm – 1:10pm

Falls resulting in fractures are a leading source of injury, illness, and death among older adults, frequently causing severe and life-altering outcomes. Whether these injuries stem from neglect, abuse, or accidental circumstances, they can profoundly affect an elderly individual’s health, independence, and overall quality of life. Addressing these cases effectively requires a clear understanding of potential liability, the medical nature of fracture injuries, the role of expert evaluation, and practical strategies for both prevention and case preparation. This explores these critical issues and offers a comprehensive framework for professionals involved in the care of older adults and the legal matters arising from these incidents.
This session focuses on how liability is established by analyzing duty, breach, and causation within complex injury claims. It explains how damages are evaluated and substantiated, including both financial losses and long-term impact. The role of expert witnesses is examined, particularly how their opinions shape case direction and withstand scrutiny. Attention is given to identifying weaknesses such as inconsistent documentation, credibility concerns, and evidentiary gaps. Participants gain a strategic framework for assessing risk, strengthening claims, and anticipating potential problems early in the case.

Credits

Alaska

Approved for CLE Credits
2 General

Our programs are CLE-eligible through Alaska’s recognition of multi-jurisdictional reciprocity.
Alabama

Pending CLE Approval
2 General

Arkansas

Approved for CLE Credits
2 General

Arizona

Approved for CLE Credits
2 General

California

Approved for CLE Credits
2 General

Colorado

Pending CLE Approval
2 General

Connecticut

Approved for CLE Credits
2 General

District of Columbia

No MCLE Required
2 CLE Hour(s)

Delaware

Pending CLE Approval
2 General

Florida

Approved via Attorney Submission
2.5 General Hours

Receive CLE credit in Florida via attorney submission.
Georgia

Pending CLE Approval
2 General

Hawaii

Approved for CLE Credits
2 General

Iowa

Pending CLE Approval
2 General

Idaho

Pending CLE Approval
2 General

Illinois

Pending CLE Approval
2 General

Indiana

Pending CLE Approval
2 General

Kansas

Pending CLE Approval
2 Substantive

Kentucky

Pending CLE Approval
2 General

Louisiana

Pending CLE Approval
2 General

Massachusetts

No MCLE Required
2 CLE Hour(s)

Maryland

No MCLE Required
2 CLE Hour(s)

Maine

Pending CLE Approval
2 General

Michigan

No MCLE Required
2 CLE Hour(s)

Minnesota

Pending CLE Approval
2 General

Missouri

Approved for CLE Credits
2.4 General

Mississippi

Pending CLE Approval
2 General

Montana

Pending CLE Approval
2 General

North Carolina

Pending CLE Approval
2 General

North Dakota

Approved for CLE Credits
2 General

Our programs are CLE-eligible through North Dakota’s recognition of multi-jurisdictional reciprocity. Section 1, Policy 1.14
Nebraska

Pending CLE Approval
2 General

myLawCLE reports attendance to Nebraska on each attorney’s behalf for all programs. Please do not self-report.
New Hampshire

Approved for CLE Credits
120 General minutes

As of July 1, 2014, the NHMCLE Board no longer provides pre- or post-approval of courses. Attendees must self-determine whether a program is eligible for credit, and self-report their attendance online at www.nhbar.org, based on qualification provisions of Rule 53.
New Jersey

Approved for CLE Credits
2.4 General

Our programs are CLE-eligible through New Jersey’s recognition of multi-jurisdictional reciprocity, except for the courses required under BCLE Reg. 201:2
New Mexico

Approved for CLE Credits
2 General

Nevada

Pending CLE Approval
2 General

New York

Approved for CLE Credits
2.4 General

Our programs are CLE-eligible through New York’s Approved Jurisdiction Group “B”.
Ohio

Pending CLE Approval
2 General

Oklahoma

Pending CLE Approval
2.5 General

Oregon

Pending CLE Approval
2 General

Pennsylvania

Approved for CLE Credits
2 General

Rhode Island

Pending CLE Approval
2.5 General

South Carolina

Pending CLE Approval
2 General

South Dakota

No MCLE Required
2 CLE Hour(s)

Tennessee

Pending CLE Approval
2 General

Texas

Approved for CLE Credits
2 General

Utah

Pending CLE Approval
2 General

Virginia

Not Eligible
2 General Hours

Vermont

Approved for CLE Credits
2 General

Washington

Approved via Attorney Submission
2 Law & Legal Hours

Receive CLE credit in Washington via attorney submission.
Wisconsin

Pending CLE Approval
2 General

West Virginia

Pending CLE Approval
2.4 General

Wyoming

Pending CLE Approval
2 General

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