Personal Injury & Negligence

4.33

Nursing Home Failure of Care Litigation 2024

Credits Available
Credit Status Total
Alaska CLE Approved 6 Total
Arizona CLE Approved 6 Total
California CLE Approved 6 Total
Colorado CLE Approved 7 Total
Connecticut CLE Approved 6 Total
Delaware CLE Approved 6 Total
Florida CLE Approved 7 Total
Hawaii CLE Approved 6 Total
Idaho CLE Approved 6 Total
Illinois CLE Approved 6 Total
Maine CLE Approved 6 Total
Minnesota CLE Approved 6 Total
Missouri CLE Approved 6 Total
Northern Mariana Islands CLE Approved 6 Total
Montana CLE Approved 6 Total
North Dakota CLE Approved 6 Total
Nebraska CLE Approved 6 Total
New Hampshire CLE Approved 6 Total
New Mexico CLE Approved 6 Total
Nevada CLE Approved 6 Total
New York CLE Approved 7 Total
Oklahoma CLE Approved 7 Total
Oregon CLE Approved 6 Total
Pennsylvania CLE Approved 6 Total
Rhode Island CLE Upon Request 6 Total
Vermont CLE Approved 6 Total
Washington CLE Approved 6 Total
Wisconsin CLE Approved 7 Total
West Virginia CLE Approved 7.2 Total
OnDemand
5 hours 53 minutes
Daniel Schiavetta
Anthony Williott
Stephanie McCance
Licardo Gwira
With Daniel M. Schiavetta from Russo & Gould LLP + 3 others
Recorded July 31, 2024
Product ID 98844

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Overview

Get Practical Insights on New and Enduring Challenges and Opportunities

Keep your knowledge and skills sharp! This 2024 nursing home litigation guide will bring you up to speed with the latest cases, regulatory developments, and trends before delving into current challenges and opportunities for both sides of the table. Effectively represent your clients this year and beyond - register today!

  • Discover how nursing home standards are changing with the latest regulatory developments and case law.
  • Review key differences between nursing home and medical malpractice litigation.
  • Quickly spot charting irregularities and other opportunities for plaintiff's lawyers.
  • Find out how the defense can more effectively leverage pre-existing conditions.
  • Learn creative ways to tackle limited future damages and other unique case challenges.

This program was designed in conjunction with NBI's esteemed 2023-2024 Content Advisory Committee Member Robert Kasieta.

Abbreviated Agenda

  1. Latest Trends and Cases in Nursing Home Litigation
  2. Nursing Home vs. Medical Malpractice Litigation
  3. Plaintiff Opportunities and Advantages in 2024
  4. Defendant Opportunities and Advantages in 2024
  5. Special Nursing Home Litigation Challenges
  6. Legal Ethics

Related Topics

Product ID 98844

Credit Details

Credits Available
Credit Status Total
Alaska CLE Approved 6 Total
Arizona CLE Approved 6 Total
California CLE Approved 6 Total
Colorado CLE Approved 7 Total
Connecticut CLE Approved 6 Total
Delaware CLE Approved 6 Total
Florida CLE Approved 7 Total
Hawaii CLE Approved 6 Total
Idaho CLE Approved 6 Total
Illinois CLE Approved 6 Total
Maine CLE Approved 6 Total
Minnesota CLE Approved 6 Total
Missouri CLE Approved 6 Total
Northern Mariana Islands CLE Approved 6 Total
Montana CLE Approved 6 Total
North Dakota CLE Approved 6 Total
Nebraska CLE Approved 6 Total
New Hampshire CLE Approved 6 Total
New Mexico CLE Approved 6 Total
Nevada CLE Approved 6 Total
New York CLE Approved 7 Total
Oklahoma CLE Approved 7 Total
Oregon CLE Approved 6 Total
Pennsylvania CLE Approved 6 Total
Rhode Island CLE Upon Request 6 Total
Vermont CLE Approved 6 Total
Washington CLE Approved 6 Total
Wisconsin CLE Approved 7 Total
West Virginia CLE Approved 7.2 Total
Select Jurisdiction
CLE

Agenda

All times are shown in

  1. Latest Trends and Cases in Nursing Home Litigation

    1. Using Medical Malpractice Law
    2. Evolving Standards of Care - Changing Regulations and Case Law Updates
    3. Use of Chemical Restraints and Anti-Psychotic Drugs
    4. The Rise of Nuclear Verdicts
    5. False Claims Act

  2. Nursing Home vs. Medical Malpractice Litigation

    1. Doctors vs. CNAs
    2. The Level of Care Promised
    3. False Advertising Claims

  3. Plaintiff Opportunities and Advantages in 2024

    1. Pre-Suit Investigation
    2. Chronic Understaffing
    3. Spoliation of Evidence
    4. Charting Irregularities
    5. Use of Electronic Health Records

  4. Defendant Opportunities and Advantages in 2024

    1. Pre-Existing Conditions That Won't Quit
    2. A Plaintiff Who Frequently Can't Testify
    3. Concern by Jurors That They Will Drive the Only Facility Out of the Community

  5. Special Nursing Home Litigation Challenges

    1. What Good Will the Money do?
    2. Future Damages Are Limited
    3. Did the Kids Visit?
    4. Use of Experts

  6. Legal Ethics

    1. Who is the Client?
    2. Dealing With Clients With Diminished Capacity
    3. Communicating With the Client
    4. Protecting Confidentiality in an Institutional Environment

Who Should Attend

This program is designed for attorneys. Nursing home administrators and paralegals may also benefit.

Speakers

Daniel M Schiavetta
Daniel M.
Schiavetta
Russo & Gould LLP
Anthony J Williott
Anthony J.
Williott
Marshall Dennehey
Stephanie McCance
Stephanie
McCance
Murphy Sanchez
Licardo E Gwira
Licardo E.
Gwira
Licardo Gwira, Attorney at Law
Speaker bio
Daniel M Schiavetta

Daniel M. Schiavetta

Russo & Gould LLP
Daniel Schiavetta

is of counsel at Russo & Gould LLP, who specializes in nursing home and adult residential facility defense and has wide experience in appellate and insurance coverage litigation. He has prosecuted rescission, declaratory judgment and interpleader actions in state and federal court on behalf of various insurers; and has tried cases involving medical malpractice and premises liability. Mr. Schiavetta gives presentations to nursing homes as to charting and litigation issues and is responsible for two changes in case law. He earned his B.A. degree from State University of New York and his J.D. degree from the University of California, Davis School of Law. Mr. Schiavetta is admitted to New York and New Jersey federal courts, and Second Circuit Court of Appeals and Third Circuit Court of Appeals. He is a member of the Westchester County Bar Association, New Rochelle Bar Association and Defense Research Institute. His recent book, The Supreme Court for Short Attention Spans, is available on Amazon.

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Speaker bio
Anthony J Williott

Anthony J. Williott

Marshall Dennehey
Anthony Williott

is a shareholder with the law firm of Marshall Dennehey. He practices in the area of civil litigation, with particular emphasis in defense of physicians, hospitals and long-term care facilities in malpractice cases. Mr. Williott also defends product liability, breach of warranty, defamation, and complex matters. He has lectured on and written about medical malpractice defense and the defense perspective in a number of other substantive areas. Mr. Williott earned his B.S. degree from Pennsylvania State University and his J.D. degree from Duquesne University, where he was selected to the Order of Barristers for excellence in trial advocacy following his team's victory in the Gourley Cup Trial Moot Court Competition.

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Speaker bio
Stephanie McCance

Stephanie McCance

Murphy Sanchez
Stephanie McCance

is an attorney with Goldberg Segalla. She counsels and defends a variety of executives, professionals, insurers, and other clients against alleged errors and omissions in the performance of their professional services. Ms. McCance is involved in all aspects of the litigation process, from inception through trial, including settlement negotiations and mediation. She has experience with medical malpractice and nursing home liability matters, as well as general liability, personal injury, premises, and product liability matters. Ms. McCance earned her Bachelor of Laws (LL.B.) and her Diploma in Professional Legal Practice (DPLP) from The University of Aberdeen. She is a member of the New York State Bar Association, Women's Bar Association of New York, Bar Association of Erie County, New York State Trial Lawyers Association, and the Law Society of Scotland. Ms. McCance is admitted to practice in New York.

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Speaker bio
Licardo E Gwira

Licardo E. Gwira

Licardo Gwira, Attorney at Law
Licardo Gwira

is an attorney with Mintzer Sarowitz Zeris & Willis, PLLC. His practice areas include auto and trucking, premises liability, products liability, and medical malpractice. Mr. Gwira earned his J.D. degree from Thomas M. Cooley Law School. He is admitted to practice in Pennsylvania and New Jersey.

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