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2025-09-04 13:00:00

2 Credits

Comprehensive strategies for nursing home litigation, covering critical documentation analysis, effective deposition tactics, and expert witness utilization.

2025-09-04 13:00:00

Comprehensive strategies for nursing home litigation, covering critical documentation analysis, effective deposition tactics, and expert witness utilization.

2025-09-04 13:00:00

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Course Overview

Mastering Nursing Home Litigation Documentation Strategies

Participants will learn to leverage MDS assessments, state surveys, and facility policies to build compelling nursing home cases. These skills strengthen deposition preparation and expert witness coordination for both plaintiff and defense attorneys.

Key topics that will be covered

What will you learn

Attorneys will learn critical documentation types, effective deposition strategies for plaintiffs and defense, and the role of expert witnesses in interpreting clinical and regulatory records.

What will you gain

Attorneys will gain a comprehensive framework for nursing home litigation success through mastery of records, policies, regulatory language, and strategic witness preparation techniques.

Core Documentation
Documentation establishes standards, reveals facility operations, and determines case success or failure.
OBRA Regulations
Federal legislation transformed nursing homes to outcome-oriented care focused on resident rights.
MDS Assessments
Standardized assessment tools form the basis for individualized care plans and reimbursement.
Survey Findings
State inspections evaluate compliance with federal standards using scope and severity ratings.
Deposition Strategies
Plaintiff and defense attorneys use different approaches when deposing nursing staff and directors.
Expert Witnesses
Experts interpret clinical records and translate complex documentation into jury-ready insights.

What will you learn

Attorneys will learn critical documentation types, effective deposition strategies for plaintiffs and defense, and the role of expert witnesses in interpreting clinical and regulatory records.

What will you gain

Attorneys will gain a comprehensive framework for nursing home litigation success through mastery of records, policies, regulatory language, and strategic witness preparation techniques.

Agenda

Session 1

Core Documentation Types in Nursing Home Litigation

Session 2

Deposition Strategies and Effective Witness Preparation Techniques

Break

Scheduled Break for Attendees

Session 3

Using Documentation to Advance Litigation Strategy

Session 4

Expert Witnesses: Interpreting Clinical and Regulatory Records

clock 1:00 pm - 1:30 pm EST

Core Documentation Types in Nursing Home Litigation

Steven C. Smyth

SCS Healthcare Consulting

Julie A. Herzlich

Cohen & Blostein, P.A

Kelly Moteiro

Centers Healthcare

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.

Steven C. Smyth

SCS Healthcare Consulting

Julie A. Herzlich

Cohen & Blostein, P.A

Kelly Moteiro

Centers Healthcare

clock 1:30 pm - 2:00 pm EST

Deposition Strategies and Effective Witness Preparation Techniques

Steven C. Smyth

SCS Healthcare Consulting

Julie A. Herzlich

Cohen & Blostein, P.A

Kelly Moteiro

Centers Healthcare

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.

Steven C. Smyth

SCS Healthcare Consulting

Julie A. Herzlich

Cohen & Blostein, P.A

Kelly Moteiro

Centers Healthcare

clock 2:00 pm - 2:10 pm EST

Scheduled Break for Attendees

Steven C. Smyth

SCS Healthcare Consulting

Julie A. Herzlich

Cohen & Blostein, P.A

Kelly Moteiro

Centers Healthcare

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

Steven C. Smyth

SCS Healthcare Consulting

Julie A. Herzlich

Cohen & Blostein, P.A

Kelly Moteiro

Centers Healthcare

clock 2:10 pm - 2:40 pm EST

Using Documentation to Advance Litigation Strategy

Steven C. Smyth

SCS Healthcare Consulting

Julie A. Herzlich

Cohen & Blostein, P.A

Kelly Moteiro

Centers Healthcare

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.

Steven C. Smyth

SCS Healthcare Consulting

Julie A. Herzlich

Cohen & Blostein, P.A

Kelly Moteiro

Centers Healthcare

clock 2:40 pm - 3:10 pm EST

Expert Witnesses: Interpreting Clinical and Regulatory Records

Steven C. Smyth

SCS Healthcare Consulting

Julie A. Herzlich

Cohen & Blostein, P.A

Kelly Moteiro

Centers Healthcare

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.

Steven C. Smyth

SCS Healthcare Consulting

Julie A. Herzlich

Cohen & Blostein, P.A

Kelly Moteiro

Centers Healthcare

01 05
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speakers

Joe Ervin

The Law Firm for Truck Safety, LLP
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Kevin Foley

Reminger Co
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Grant H. Lawson

The Law Firm for Truck Safety, LLP
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Steven C. Smyth

SCS Healthcare Consulting

Julie A. Herzlich

Cohen & Blostein, P.A

Kelly Moteiro

Centers Healthcare

Steven C. Smyth

SCS Healthcare Consulting

Distinguished Licensed and Certified Nursing Home Administrator with over three decades of experience in long-term care and healthcare administration. Founder of SCS Healthcare Consulting, providing expert administrative oversight, crisis mitigation, strategic planning, and regulatory compliance support to skilled nursing facilities nationally.

Education & Credentials

Master of Arts in Health Administration from Hofstra University (1992); Bachelor of Arts in Psychology from Adelphi University (1990). Certifications include Certified Internal Forensic Healthcare Auditor (CIFHA), Certified Montessori Dementia Care Professional (CMDCP), Board-Certified Patient Advocate (BCPA), and Health Services Executive (HSE). Fellow of the American College of Health Care Administrators (FACHCA) and Fellow of the American College of Healthcare Executives (FACHE).

Recognition & Leadership

Four-time recipient of the prestigious Eli Pick Facility Leadership Award (2013, 2014, 2016, 2021). AV-rated credentials through professional achievements.

Professional Involvement

Served on the LeadingAge NY Board of Directors (2018–2024) and chaired key committees for the American College of Health Care Administrators.

Experience

Currently Administrator at East Haven Nursing and Rehabilitation Center in Bronx, NY, overseeing operations of a 200-bed skilled nursing facility. Previously 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 excellent Department of Health survey outcome in April 2023. Also served at San Simeon by the Sound Center for Nursing and Rehabilitation in Greenport, NY. Since 2021, through Steven Smyth Expert Consulting, serves as an expert witness in nursing home litigation.

Steven C. Smyth

SCS Healthcare Consulting

Distinguished Licensed and Certified Nursing Home Administrator with over three decades of experience in long-term care and healthcare administration. Founder of SCS Healthcare Consulting, providing expert administrative oversight, crisis mitigation, strategic planning, and regulatory compliance support to skilled nursing facilities nationally.

Education & Credentials

Master of Arts in Health Administration from Hofstra University (1992); Bachelor of Arts in Psychology from Adelphi University (1990). Certifications include Certified Internal Forensic Healthcare Auditor (CIFHA), Certified Montessori Dementia Care Professional (CMDCP), Board-Certified Patient Advocate (BCPA), and Health Services Executive (HSE). Fellow of the American College of Health Care Administrators (FACHCA) and Fellow of the American College of Healthcare Executives (FACHE).

Recognition & Leadership

Four-time recipient of the prestigious Eli Pick Facility Leadership Award (2013, 2014, 2016, 2021). AV-rated credentials through professional achievements.

Professional Involvement

Served on the LeadingAge NY Board of Directors (2018–2024) and chaired key committees for the American College of Health Care Administrators.

Experience

Currently Administrator at East Haven Nursing and Rehabilitation Center in Bronx, NY, overseeing operations of a 200-bed skilled nursing facility. Previously 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 excellent Department of Health survey outcome in April 2023. Also served at San Simeon by the Sound Center for Nursing and Rehabilitation in Greenport, NY. Since 2021, through Steven Smyth Expert Consulting, serves as an expert witness in nursing home litigation.

Julie A. Herzlich

Cohen & Blostein, P.A

Trial attorney with over a decade of experience in complex civil litigation, focusing primarily on medical malpractice and nursing home negligence. Known for strategic preparation and ability to connect with both clients and juries.

Recognition & Leadership

AV-rated by Martindale-Hubbell® with special recognition for Judiciary. Part of the National Trial Lawyers Association.

Professional Involvement

Member of the National Trial Lawyers Association.

Experience

Over a decade of experience in complex civil litigation. Has appeared in courts throughout nearly half of Florida's counties and tried cases to verdict in several of them. 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.

Kelly Moteiro

Centers Healthcare

Highly accomplished registered nurse with expertise in nursing leadership. Her implementation of patient centered care modules in skilled nursing facilities has improved patient outcomes while providing exceptional resident care.

Education & Credentials

Master's degree in nursing leadership from Stony Brook University.

Experience

For the past 19 years has held the position of Director of Nursing. Expert in government regulations, mentoring, and trained in best practices and trends in healthcare. Currently employed for Centers Healthcare in Bronx, NY as Regional Director of Clinical Services.

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