| STRATEGIES FOR TRYING NURSING HOME CASES: PROBLEMS & PITFALLS
3rd Annual Thomas F. Lambert, Jr. Conference
Sponsored with the Macaronis Institute for Trial and Appellate Advocacy, the Massachusetts Bar Association and the Massachusettes Academy of Trial Lawyers
Please Note: This course has already
been held.
Date: Friday, March 09, 2007
Location: Suffolk University Law School, 120 Tremont St., Boston, MA
Time: 09:00 AM - 05:00 PM
Schedule/Agenda
Registration Information
Unable to attend but are interested in the course materials?
Purchase Here! |
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Attend and Learn:
- Practical considerations in drafting a complaint in a nursing home neglect or abuse case
- How to use publicly available information to conduct discovery
- The defense perspective on the quality of care in nursing homes
- The latest strategies regarding damages in long-term care
- The future of long term care public policy and empirical data
- How to enforce or resist mandatory predispute arbitration agreements
Strategies for Trying Nursing Home Cases brings together experts from law, medicine, and the nursing home industry to examine the unique procedural, evidentiary, trial themes and strategic factors involved in this growing area of litigation. A Government Accounting Office (GAO) report concluded that almost one in three U.S. nursing homes, or 5,283 of approximately 17,000 facilities, failed to meet minimum quality standards and were sanctioned during the three year reporting period, 1999–2001. About 1.6 million elderly live in approximately 17,000 licensed nursing homes and the estimated one million living in an estimated 45,000 residential care facilities are at risk for neglect and abuse. Prior to the 1990s, few attorneys were willing to take on cases where the plaintiff suffered serious injury but had no past, present, or future earnings. Nursing home neglect cases are now booming because plaintiffs’ attorneys have discovered new strategies for seeking non-economic or punitive damages and potential liability is likely to increase as baby boomers age.
Nursing home claims center on the tension between profits and complying with a complex array of state legislation and regulation. This conference compares and contrasts key considerations from the plaintiff and defense perspectives, emphasizing practical strategies for prosecuting and defending against nursing home cases.
This Thomas F. Lambert Jr. Tort Law Conference considers both the practical importance of tort law and its broader impact on the legal system and society and is designed to appeal to trial lawyers and defense counsel representing long-term care facilities and managed care, legal academics, insurance underwriters, healthcare professionals, risk managers, nursing home and insurance administrators. You will learn about cutting edge theories of tort liability, ideas for creating remedies, and the latest thinking regarding damages.
| S C H E D U L E / A G E N D A |
| 9:00 |
Welcome and Introduction |
Paul R. Sugarman, Esq., Sugarman & Sugarman, Boston, MA
Professor Michael Rustad, Thomas F. Lambert, Jr. Professor of Law and Co-Director of Intellectual Property Law Concentration, Suffolk University Law School, Boston, MA
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| 9:15 |
Claiming, Blaming and Naming: Drafting Your Complaint |
- Theories of Liability: Elements of the Plaintiff’s Claims and What Needs to Be Proven: Professional Negligence, Intentional Torts, Ordinary Negligence, Fraud, Unfair & Deceptive Trade Practices, Implied Warranties, Express Warranties, Corporate Liability
- Typology of Injuries: Misuse of Restraint, Decubitus Ulcers, Dehydration, Malnutrition, Falls, Third-Party Attacks, Physical Abuse, Facility Malpractice, Inadequate Staffing
- Differences and Similarities between Medical Malpractice and Nursing Home Cases
- Ethical Issues in Representation of Clients
Valerie Yarashus, Esq., Sugarman & Sugarman, Boston, MA
Lawrence Kenney, Esq., Sloane & Walsh, Boston, MA
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| 10:45 |
Investigation and Discovery Issues |
- What Information Is Publicly Available?
- Who Are the Defendants?
- Deposing the Head of Nursing
- Depositions
Diane C. Fernald, Esq., RN, Morrison Mahoney, LLP, Springfield, MA
David J. Hoey, Esq., North Reading, MA
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| 12:00 |
Luncheon & Guest Speaker |
Eric M. Carlson, Esq., Director, Long Term Care Project
National Senior Citizen’s Law Center, Los Angeles, CA
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| 1:30 |
Standard of Care in Long-Term Care Litigation |
- Plaintiff ’s Perspective: Establishing Standard of Care through State & Federal Regulations
- Defense Perspective: Overcoming Plaintiff ’s Use of Regulations
- The Role of the Tribunal in MA Long-Term Care Cases
- Nursing Home Administrator’s Perspective
- Role of State Regulators Who Inspect Facilities
Paul Dreyer, Associate Commissioner, Center for Quality Assurance & Control,
MA Department of Public Health
David J. Hoey, Esq., North Reading, MA
Michael T. Sullivan, Esq., Conn Kavanaugh Rosenthal Peisch & Ford, LLP, Boston, MA
Diane C. Fernald, Esq., RN, Morrison Mahoney, LLP, Springfield, MA
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| 3:00 |
Proving Damages in Long-Term Care |
- Non-Economic Damages
- Use of Expert Economists
- Life Expectancy
- Gender Differences: Women Live Longer
- Proving Loss of Enjoyment of Life
- Testimony of Mental Health Professionals
- What Are the Factors in Determining Damages
- How to Value Your Case
- Aggravated Pre-existing Injuries, Loss of a Chance
- Defense Argument for Limited Damages
- Effective Jury Instructions
Professor Martha Chamallas, Robert J. Lynn Chair in Law, Moritz College of Law, Ohio State University Distinguished Visiting Professor, Suffolk University Law School
Charles J. Dunn, Jr., Esq., Dunn & Dunn, Boston, MA
Professor Michael Rustad, Suffolk University Law School
Valerie Yarashus, Esq., Sugarman & Sugarman, Boston, MA
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| 4:15 |
The Growing Use of Mandatory Predispute Arbitration to Sidestep Nursing Home Lawsuits |
- Empirical Research on Mandatory Arbitration
- Compelling & Constructing Arbitration: The Defense View Challenging Orders to Compel Arbitration
- Practice Pointers from the Decided Cases
- Emerging Issues in Mandatory Arbitration in Long-Term Care
Professor Katherine C. Pearson, Director Elder Law Center
Penn State/Dickinson School of Law
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| Date: |
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Friday, March 09, 2007 |
| Tuition: |
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Tuition is $249; $199 for Suffolk alumni, members of the MBA, MATA, Social Law Library and attorneys admitted to the Bar after 2004. The course book and a continental breakfast is included in the tuition charge.
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| Walk-Ins: |
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Space is limited. Registrations at the door are welcome, but please register in advance to reserve a seat and your written course materials or call to confirm space availability.
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| Refunds: |
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Written requests for cancellations received via fax or email 24 hours prior to the program will be granted a refund, minus a $15 charge. If you cannot attend, you can send a substitute, otherwise you will receive the written course materials.
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| Location: |
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Suffolk University Law School, 120 Tremont St., Boston, MA
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| Credit: |
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This course will provide CLE Credit in RI, NH, VT & ME.
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Special
Needs: |
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If you have special needs addressed by the Americans with Disabilities Act, please notify us as soon as possible.
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| Scholarships: |
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Centennial Scholarships provide a $100 discount off the regular tuition and are available to any attorney or professional employed in public service or unable to afford the tuition. For information on how to apply call 617-573-8627 or email als@suffolk.edu
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Directions to the Law School.
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Unable to attend but are interested in the course materials?
Purchase Here! |
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