Nursing Home Cases

When Caregivers Stop Caring

Mark R. Kosieradzki and Joel E. Smith
Nursing Home Cases
Nursing Home Cases

Nursing Home Cases

When Caregivers Stop Caring

Mark R. Kosieradzki and Joel E. Smith
$165.00

This item is currently on pre-order and will ship on or before December 18, 2020.

Today, it is estimated that 1.35 million Americans need nursing home care. By 2030, that number will almost double. Yet though the need for nursing home care is increasing, the quality of care is not. What happens when nursing home care providers don’t care?

Compassionate, skilled advocates are needed. Someone must fight against, and hold accountable, those who mistreat some of the most beloved and vulnerable members of our society. Authors Mark Kosieradzki and Joel Smith have spent two decades trying and winning nursing home cases. In this book, they show you how to successfully evaluate, prepare, and try a nursing home case.

Kosieradzki and Smith teach you how to convey your clients’ stories and establish what happened, how it happened, and why it happened. They provide numerous case examples along with twenty different related sample documents that can be adapted to your practice, including motions, deposition notices, affidavits, and complaints. They also show you how to navigate common types of injuries, damages, defense tactics, liability issues, and the different aspects of trial.

The authors also take a detailed look at the information you need to obtain as part of your presuit investigation for your client’s case. They present four fundamentals to producing effective discovery and offer a checklist and examples to help you determine the types of information and documents you’ll want to obtain through discovery. The authors also share lessons they’ve learned while helping clients injured by nursing homes that have improved how they evaluate, strategize, and execute their cases in other liability circumstances that involve injuries or death, such as product and premises liability cases.

This book is a must-read for any attorney who tries, or is considering trying, nursing home cases.

  • Authors

  • Details

    Paperback: 726 pages; 1st edition (2020); ISBN: 9781951962050
    Publisher: Trial Guides, LLC
  • Table of Contents

    Acknowledgments

    Publisher’s Note

    Introduction

     

    Part One: Types of Injuries and Damages

    1. Physical and Sexual Assault
    2. Pressure Injuries
    3. Infections
    4. Medication Errors
    5. Elopement and Wandering
    6. Dehydration and Malnutrition
    7. Falls and Drops
    8. The Purpose of Damages

     

    Part Two: Holding Wrongdoers Accountable

    1. Liability Theories about Who’s Responsible
    2. Corralling Multiple Defense Interests
    3. Dealing with Defense Tactics

     

    Part Three: Practice Logistics

    1. Ethical Issues (Staying on Track)
    2. Pre-Suit Investigation
    3. Discovery
    4. Trial

     

    Conclusion

    Part Four: Appendices

    1. Complaint—Medication Error
    2. Complaint—Pressure Injury
    3. Expert Affidavit—Medication Error
    4. Expert Affidavit— Pressure Injury
    5. Deposition Notice—30(b)(6)—Pressure Injury
    6. Deposition Notice—30(b)(6)—Foundation for Systems
    7. Deposition Notice—30(b)(6)—Nonparty Vendor
    8. Motion to Compel—Fall
    9. Motion to Compel—Pressure Injury
    10. Motion to Compel—Personnel Records
    11. Motion for Punitive Damages—Fall
    12. Motion for Punitive Damages—Medication Error
    13. Motion for Punitive Damages—Pressure Injury
    14. Motion for Punitive Damages—Staff Neglect
    15. Opposing Motion to Strike—Direct Liability
    16. Opposing Summary Judgement Motion—Patient Assault
    17. Summary Judgement Motion—Affirmative Defenses
    18. Summary Judgement Motion—Facility’s Vicarious Liability
    19. Deposition Notice—30(b)(6)—Elopement
    20. Summary Judgement Motion—Joint Enterprise

     

    Index

    About the Authors

  • Look Inside the Book

This item is currently on pre-order and will ship on or before December 18, 2020.

Today, it is estimated that 1.35 million Americans need nursing home care. By 2030, that number will almost double. Yet though the need for nursing home care is increasing, the quality of care is not. What happens when nursing home care providers don’t care?

Compassionate, skilled advocates are needed. Someone must fight against, and hold accountable, those who mistreat some of the most beloved and vulnerable members of our society. Authors Mark Kosieradzki and Joel Smith have spent two decades trying and winning nursing home cases. In this book, they show you how to successfully evaluate, prepare, and try a nursing home case.

Kosieradzki and Smith teach you how to convey your clients’ stories and establish what happened, how it happened, and why it happened. They provide numerous case examples along with twenty different related sample documents that can be adapted to your practice, including motions, deposition notices, affidavits, and complaints. They also show you how to navigate common types of injuries, damages, defense tactics, liability issues, and the different aspects of trial.

The authors also take a detailed look at the information you need to obtain as part of your presuit investigation for your client’s case. They present four fundamentals to producing effective discovery and offer a checklist and examples to help you determine the types of information and documents you’ll want to obtain through discovery. The authors also share lessons they’ve learned while helping clients injured by nursing homes that have improved how they evaluate, strategize, and execute their cases in other liability circumstances that involve injuries or death, such as product and premises liability cases.

This book is a must-read for any attorney who tries, or is considering trying, nursing home cases.

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