Nursing Home Litigation: Covid-19 litigation and recent trends and tricks
Dan Schiavetta | Russo & Gould
Dan Schiavetta, of counsel to Russo & Gould LLP in New York City, has been a litigator for 30 years and is admitted in all New York and New Jersey state and federal courts and the Second and Third Circuit Courts of Appeals.
On-Demand:September 13, 2023
$195.001.5 hour CLE
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Litigating a nursing home case, on both the plaintiff and defense side, is not what it was just a few years ago. Electronical medical records (EMR’s), though not yet required for nursing homes as a condition for receiving Medicare and Medicaid, are now universally used and create both new problems and new opportunities. The discovery process, depositions and trials must be conducted differently. Also changes to the “Watermelon Book” (Long Term Health Care Survey) affect evaluation of care and the process of expert evaluation. Finally nursing homes, enclosed environments containing the frail or cognitive impaired, were especially hit hard by the Covid epidemic and this has resulted in a flood of new litigation.
Key topics to be discussed:
Recent case law on the use and admissibility of EMR’s
The new “Watermelon Book”
Legal theories and defenses in Covid-19 litigation
Date / Time: September 13, 2023
Dan Schiavetta | Russo & Gould LLP.
Dan Schiavetta, of counsel to Russo & Gould LLP in New York City, has been a litigator for 30 years and is admitted in all New York and New Jersey state and federal courts and the Second and Third Circuit Courts of Appeals. For 20 years he defended the Catholic Church in sexual abuse cases and other matters. He also has wide experience in insurance coverage litigation, nursing home defense, and appellate practice. He is a 1992 graduate of the University of California, Davis School of Law where he was a law review editor and moot court judge. In his previous career as a social worker he was the director of a crisis center and 24-hour hotline.
I. Recent case law on the use and admissibility of EMR’s | 2:00pm – 2:30pm
II. The new “Watermelon Book” | 2:30pm – 3:00pm
Break | 3:00pm – 3:10pm
III. Legal theories and defenses in Covid-19 litigation | 3:10pm – 3:40pm