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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Acknowledgments
Publisher’s Note
Introduction
Part One: Types of Injuries and Damages
- Physical and Sexual Assault
- Pressure Injuries
- Infections
- Medication Errors
- Elopement and Wandering
- Dehydration and Malnutrition
- Falls and Drops
- The Purpose of Damages
Part Two: Holding Wrongdoers Accountable
- Liability Theories about Who’s Responsible
- Corralling Multiple Defense Interests
- Dealing with Defense Tactics
Part Three: Practice Logistics
- Ethical Issues (Staying on Track)
- Pre-Suit Investigation
- Discovery
- Trial
Conclusion
Part Four: Appendices
- Complaint—Medication Error
- Complaint—Pressure Injury
- Expert Affidavit—Medication Error
- Expert Affidavit— Pressure Injury
- Deposition Notice—30(b)(6)—Pressure Injury
- Deposition Notice—30(b)(6)—Foundation for Systems
- Deposition Notice—30(b)(6)—Nonparty Vendor
- Motion to Compel—Fall
- Motion to Compel—Pressure Injury
- Motion to Compel—Personnel Records
- Motion for Punitive Damages—Fall
- Motion for Punitive Damages—Medication Error
- Motion for Punitive Damages—Pressure Injury
- Motion for Punitive Damages—Staff Neglect
- Opposing Motion to Strike—Direct Liability
- Opposing Summary Judgement Motion—Patient Assault
- Summary Judgement Motion—Affirmative Defenses
- Summary Judgement Motion—Facility’s Vicarious Liability
- Deposition Notice—30(b)(6)—Elopement
- Summary Judgement Motion—Joint Enterprise
Index
About the Authors
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