Nursing Home Cases: When Caregivers Stop Caring

Mark R. Kosieradzki and Joel E. Smith

14 Reviews
Format: Paperback
Condition: New
Sale price$165.00


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


Publisher’s Note



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



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



About the Authors

What Legal Leaders Are Saying

Mark Kosieradzki and Joel Smith have written the definitive ‘Bible’ on trying a nursing home case. Whatever indignity your elderly cli¬ents have suffered—whether pressure ulcers, fatal falls, sexual abuse, or anything in between—this book provides the discovery, deposition, and trial techniques you need to hold the nursing home accountable. Packed with templates, pleadings, and transcripts from real cases, don’t leave home for the courtroom without this book in your briefcase.

— Randi McGinn, past president of the Inner Circle of Advocates and author of Changing Laws, Saving Lives: How to Take on Corporate Giants and Win
Kevin Q.
Verified Buyer
A bit dense and could use some updating but still a very good resource.
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Daniel B.
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Mandatory for nursing cases.
Mandatory for nursing cases.
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Steve B.
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Well researched information about nursing
Well researched information about nursing home litigation. The citations in the footnotes are the most useful part of the book, in my opinion. i know that the authors of such books get paid for only a fraction of the value of the time it takes to put
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Derrick M.
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A must have
The playbook every lawyer practicing in this area must have. The information allowed us to transform our case into the great presentation our clients deserve.
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Brian S.
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Koz strikes again!
5 stars. For the win.
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