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

Steven C. Smyth
Julie A. Herzlich
Kelly Moteiro
Steven C. Smyth | SCS Healthcare Consulting
Julie A. Herzlich | Cohen & Blostein, P.A
Kelly Moteiro | Centers Healthcare
Live Video-Broadcast: September 4, 2025

2 hour CLE

Tuition: $195.00
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Program Summary

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:

  • Core documentation types
  • Deposition strategies and witness preparation
  • Effective use of documentation to further litigation strategy
  • Role of expert witnesses

Date / Time: September 4, 2025

  • 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

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.

Agenda

I. Core documentation types | 1:00pm – 1:30pm

  • External documentation
  • Internal documentation

II. Deposition strategies and witness preparation | 1:30pm – 2:00pm

  • Defense perspective
  • Plaintiff perspective

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

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 for CLE Credits
2.5 General

Certification Credits Approved:

  • 2.5 - Health Law

To request these credits, attorneys must contact us to issue a manual certificate.

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Georgia

Pending CLE Approval
2 General

Hawaii

Approved for CLE Credits
2.4 General

Iowa

Pending CLE Approval
2 General

Idaho

Pending CLE Approval
2 General

Illinois

Approved for CLE Credits
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

Approved for CLE Credits
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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