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This presentation, delivered by Steven C. Smyth, a seasoned nursing home administrator and expert witness, Kelly Moteiro, an experienced Nurse Administrator, and Julie A. Herzlich, Esq., a Florida-based civil litigator with more than a decade of experience in the areas medical malpractice and nursing home negligence, focuses on leveraging critical documentation—OBRA regulations, MDS assessments, state survey findings (CMS 2567), and facility based documentation, including internal policies and procedures and employment files—to build or defend nursing home litigation cases. It outlines strategies for conducting effective depositions of facility staff, administrators, and corporate representatives, emphasizing how to use these records to demonstrate breaches in standards of care, foreseeability of damages, and to highlight systemic issues. From the defense perspective, the presentation will discuss strategies for preparing facility staff, administrators, and corporate representatives for deposition, including how to respond to “bad facts”, deficient documentation or alleged violations, while utilizing the documentation or facts of the case as an aid. Attendees will learn to craft targeted deposition questions, interpret complex clinical data with expert support, and utilize documentation to shape case value and outcomes, whether for plaintiffs or defense.
Key topics to be discussed:
Date / Time: September 4, 2025
Closed-captioning available
Steven C. Smyth | SCS Healthcare Consulting
Steven C. Smyth is a distinguished Licensed and Certified Nursing Home Administrator with over three decades of experience in long-term care and healthcare administration. As the founder of SCS Healthcare Consulting, Steven provides expert administrative oversight, crisis mitigation, strategic planning, and regulatory compliance support to skilled nursing facilities nationally. Since 2021, through his business Steven Smyth Expert Consulting, he has served as an expert witness, offering critical insights into nursing home litigation by leveraging his deep knowledge regulatory requirements, facility operations providing quality care in a safe homelike environment.
Currently, Steven serves as the Administrator at East Haven Nursing and Rehabilitation Center in Bronx, NY, where he oversees the operations of a 200-bed skilled nursing facility, focusing on improving care delivery, staffing levels, and community reputation. Previously, he held leadership roles at Saint’s Joachim and Anne Nursing and Rehabilitation Center in Brooklyn, where he maintained a 5-star quality measure rating and achieved an excellent Department of Health survey outcome in April 2023, and at San Simeon by the Sound Center for Nursing and Rehabilitation in Greenport, NY, where he produced similar successful results. His career tenure across multiple facilities is marked by achieving successful survey results and enhancing resident satisfaction.
Steven holds a Master of Arts in Health Administration from Hofstra University (1992) and a Bachelor of Arts in Psychology from Adelphi University (1990). His credentials include certifications as a Certified Internal Forensic Healthcare Auditor (CIFHA), Certified Montessori Dementia Care Professional (CMDCP), a Board-Certified Patient Advocate (BCPA), and Health Services Executive (HSE). He is a Fellow of both the American College of Health Care Administrators (FACHCA) and the American College of Healthcare Executives (FACHE). Steven’s leadership extends to professional affiliations, including serving on the LeadingAge NY Board of Directors (2018–2024) and chairing key committees for the American College of Health Care Administrators. He is a four-time recipient of the prestigious Eli Pick Facility Leadership Award (2013, 2014, 2016, 2021).
With expertise in operations management, regulatory compliance, staff development, and risk management, Steven is a trusted leader in advancing quality care and operational excellence in the long-term care industry. He can be reached at steven@stevensmythexpertconsulting.com or (516) 655-2134 for consulting and expert witness services.
Julie A. Herzlich | Cohen & Blostein, P.A
Julie A. Herzlich is a trial attorney with over a decade of experience in complex civil litigation, focusing primarily on medical malpractice and nursing home negligence.
Known for her strategic preparation and ability to connect with both clients and juries, Julie brings a pragmatic, clear-eyed approach to advocacy. Her representation balances empathy with business acumen, helping clients understand that while the true value of a loss may be immeasurable, the value of a lawsuit must be understood and pursued with purpose.
Julie has appeared in courts throughout nearly half of Florida’s counties and tried cases to verdict several of them. She is AV-rated by Martindale-Hubbell® with special recognition for Judiciary and part of the National Trial Lawyers Association. Julie is admitted to practice in Florida, Massachusetts, and Connecticut, as well as in the U.S. District Courts for the Southern and Middle Districts of Florida.
Julie’s approach to litigation is defined by preparation, perspective, and professionalism—offering clarity in emotionally charged cases without ever compromising civility.
Kelly Moteiro | Centers Healthcare
Kelly is a highly accomplished registered nurse with her master’s degree in nursing leadership from Stony Brook University. Her implementation of patient centered care modules in skilled nursing facilities has improved patient outcomes, while providing exceptional resident care. For The past 19 years she has held the position of Director of Nursing. In this role Kelly is an expert in government regulations, mentoring, and is trained in the best practices and trends in healthcare. As a leader and coach, Kelly prides herself on being part of the team, ensuring staffing coverage is always upheld. Her can-do attitude and roll-up-your-sleeves approach is infectious, which is why she rarely has any issues with staffing retention. Kelly is currently employed for Centers Healthcare in Bronx, NY as Regional Director of Clinical Services.
I. Core documentation types | 1:00pm – 1:30pm
II. Deposition strategies and witness preparation | 1:30pm – 2:00pm
Break | 2:00pm – 2:10pm
III. Effective use of documentation to further litigation strategy | 2:10pm – 2:40pm
IV. Role of expert witnesses | 2:40pm – 3:10pm
Approved for CLE Credits
2 General
Pending CLE Approval
2 General
Approved for CLE Credits
2 General
Approved for CLE Credits
2 General
Approved for CLE Credits
2 General
Pending CLE Approval
2 General
Approved for CLE Credits
2 General
No MCLE Required
2 CLE Hour(s)
Pending CLE Approval
2 General
Approved for CLE Credits
2.5 General
Certification Credits Approved:
To request these credits, attorneys must contact us to issue a manual certificate.
Phone: (877) 406-8636
Email: registration@mylawcle.com
Pending CLE Approval
2 General
Approved for CLE Credits
2.4 General
Pending CLE Approval
2 General
Pending CLE Approval
2 General
Approved for CLE Credits
2 General
Pending CLE Approval
2 General
Pending CLE Approval
2 Substantive
Pending CLE Approval
2 General
Pending CLE Approval
2 General
No MCLE Required
2 CLE Hour(s)
No MCLE Required
2 CLE Hour(s)
Pending CLE Approval
2 General
No MCLE Required
2 CLE Hour(s)
Pending CLE Approval
2 General
Approved for CLE Credits
2.4 General
Pending CLE Approval
2 General
Pending CLE Approval
2 General
Pending CLE Approval
2 General
Approved for CLE Credits
2 General
Pending CLE Approval
2 General
Approved for CLE Credits
120 General minutes
Approved for CLE Credits
2.4 General
Approved for CLE Credits
2 General
Pending CLE Approval
2 General
Approved for CLE Credits
2.4 General
Pending CLE Approval
2 General
Pending CLE Approval
2.5 General
Pending CLE Approval
2 General
Approved for CLE Credits
2 General
Pending CLE Approval
2.5 General
Pending CLE Approval
2 General
No MCLE Required
2 CLE Hour(s)
Approved for CLE Credits
2 General
Approved for CLE Credits
2 General
Pending CLE Approval
2 General
Not Eligible
2 General Hours
Approved for CLE Credits
2 General
Approved via Attorney Submission
2 Law & Legal Hours
Pending CLE Approval
2 General
Pending CLE Approval
2.4 General
Pending CLE Approval
2 General
only $395 yearly
only $395 yearly