Nursing Home Cases: When Caregivers Stop Caring

Mark Kosieradzki and Joel Smith, two tenacious litigators who have spent their careers fighting to protect the elderly, have generously shared their wealth of knowledge and experience in this book. It is an excellent resource for attorneys desiring to pursue cases involving neglect of the elderly. It is a must read for anyone undertaking to litigate nursing home cases, including newcomers as well as those experienced in this area.

Amazing! Mark and Joel have gifted us with the essential guide on how to hold neglectful nursing homes accountable. For many years they have set the standards in their practice and they graciously and succinctly share them here. Simply put, this book is required reading for anyone doing this work.

For those of you who have the courage to stand up and fight for vul¬nerable nursing home residents against corporate bullies, this book is absolutely essential. Mark and Joel have taken the complexity of nursing home litigation and distilled it into elegantly simple terms. Nursing Home Cases: When Caregivers Stop Caring not only provides a roadmap for how to build and present a powerful nursing home case, it contains the tools you need, such as checklists, sample motions, briefs, and discovery requests, to build a winning case from start to finish. For anyone handling nursing home cases, from beginners to experienced attorneys, this book is a must-read!

Nursing Home Cases: When Caregivers Stop Caring is an extraordinary and must-have resource on litigating nursing home abuse and ne¬glect cases. Using cases studies from their own practice, Mark and Joel illuminate the challenges of documenting abuse and calling those responsible to account for it. The organizational structure of the book, which classifies cases by the nature of the underlying cause of injury, facilitates a methodical approach to investigating and documenting specific kinds of cases. Throughout the book, the authors provide both the theoretical and legal underpinnings for bringing a successful claim, and the procedural and strategic means to achieve results. Every attorney engaged in personal injury litigation against nursing homes needs this book. I cannot recommend it more highly.

Mark and Joel have done a terrific job of putting together in one place the accumulated wisdom of the many lawyers who vigorously advo¬cate on behalf of nursing home residents and their families. This book belongs in the library of every nursing home lawyer.

I highly recommend Mark and Joel’s primer on how to litigate nursing home cases. The book is a rare combination of the academic nuts and bolts of the case work-up process interspersed with the wisdom and advice that only comes from actual experience of fighting in the nursing home litigation trenches. My son Evan and I had the pleasure of joining with Mark and Joel in litigating a nursing home abuse and neglect case. We were able to observe firsthand many of the skills and strategies that are discussed in the book. If you have never tried a nursing home case or have made a career of representing victims of nursing home abuse or neglect, Mark and Joel’s book should be in your bookcase. Better yet, the book should be on your desk, all marked up and tagged with notes.

Mark Kosieradzki has been dedicated to the education of trial lawyers for more than thirty years. Not only have his CLEs been entertaining, insightful, and presented ground-breaking techniques, his books are grounded in years of research and real-world practice. This work of Mark and Joel’s is the culmination of two careers spent dedicated to advocacy for our nation’s senior citizens and that same commitment to training lawyers on how to better represent their clients. It will be the go-to treatise for nursing home litigators for many years to come.

As a practitioner of elder abuse law, I am hesitant to buy books about nursing home litigation, as there is seldom new information in them. However, Mark and Joel’s book breaks that mold. This book should be in every practitioner’s set of resources, whether you are a long-time practitioner or someone that does a nursing home case occasionally, this book is a MUST HAVE.

Thirty years from now, the best lawyers in our country who champion the rights of those abused in nursing homes will look back on their careers and cherish the day they found this incredibly comprehensive, well-researched, and practical guide. To try and litigate nursing home cases without it would be a serious mistake.

No wasted space here with dry and outdated material! This book is chock-full of practical pointers and loaded from front-to-back with essential information on every aspect of litigating successfully on behalf of our most vulnerable citizens. Kudos to Mark and Joel for writing the book the rest of us have been waiting on for years—an encyclopedic work on nursing home litigation that covers every topic with the same passion and insight that these tireless advocates bring to their everyday practice on behalf of their clients and their mission to educate litigators and trial lawyers to be personally and professionally better every day.

Mark and Joel’s book is an organized, well-written road map to success in nursing home cases; but it is so much more. They write with compassion and enthusiasm about representing our most vulnerable population. Their generosity of spirit in providing expert advice, insider tips, and real-life examples will allow those courageous lawyers who take on these cases to do so zealously and effectively. I love the checklists and the appendix; I appreciate the advice; and I admire the authors greatly.

Nursing Home Cases: When Caregivers Stop Caring is an outstanding book that describes how to successfully obtain justice in nursing home cases. Mark and Joel provide a comprehensive, detailed analysis that includes many thoughtful, practical ideas and techniques. This is an excellent book that will help trial lawyers of all levels of experience. I highly recommend it.

You think you can do a plaintiff’s nursing home case and not read this book? Really? Kosieradzki and Smith have distilled decades of hard-fought nursing home litigation experience into an easy to read, practical approach to success. This book provides a masterful—and practical—blueprint to litigating a nursing home case from start to finish, filled with numerous templates for success. Practitioners in the field who fail to read this book do so at their, and their client’s, peril.

A must-have masterwork! Inspiring, insightful and complete. Kosieradzki and Smith bring us the best guide to winning nursing home cases ever written. Two great mentors share their roadmap to success.

Mark, along with Joel Smith, has provided another MUST HAVE desk reference—this time on nursing home cases. As with Mark’s past publications, this book teaches you how and why to convey your client’s stories as well as leading the way in navigating liability land mines, defense tactics, and all common trial issues. By sharing their lessons, Mark and Joel have given us another invaluable resource to help our clients. Well done gentlemen.

This is a fantastic resource for all lawyers of all levels of experience in the handling of nursing home cases. Whether you are a veteran or a novice in the handling of these cases, this is a ‘must-have’ resource. It will improve your advocacy and the results you achieve for your clients.

Nursing Homes Cases: When Caregivers Stop Caring is the equivalent of a legal architect’s set of plans to strategically construct the foundation and building blocks of a winning case. The reader is provided with a guided tour of learning to identify wrongdoing, recognize miscon¬duct, and uncover profit over safety activities by elderly care facility managers, employees, and owners. Kosieradzki and Smith have quar-terbacked the handling, litigation, mediation, and trial of hundreds of these cases, accomplishing remarkable results for better than two decades. This is a must-have, must-read, and must-understand “field-manual” to handle these cases to win the discovery battles and to bring home the maximum settlement or verdict for the clients!

Mark and Joel have done it again—they have made a complicated subject matter easy to understand. This compendium belongs on the shelf of every lawyer who handles, or wants to handle, nursing home neglect and abuse cases. It is written in a style that encourages the readers to continue on, to keep learning more, and provides a wealth of information regarding the most important areas facing nursing home plaintiffs’ lawyers today. In over twenty years of practice, I have not yet encountered such a comprehensive but simply written guide¬book in any other practice area. Superbly written.