Personal Injury & Negligence

4.23

A Guide to Nursing Home Litigation: Justice for the Vulnerable

Credits Available
Credit Status Total
Alaska CLE Approved 6 Total
Alabama CLE Approved 6 Total
Arkansas 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
Georgia CLE Approved 6 Total
Hawaii CLE Approved 6 Total
Iowa CLE Approved 6 Total
Idaho CLE Approved 6 Total
Illinois CLE Approved 6 Total
Indiana CLE Approved 6 Total
Kansas CLE Approved 7 Total
Louisiana 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
Mississippi CLE Approved 6 Total
Montana CLE Approved 6 Total
North Carolina CLE Approved 6 Total
North Dakota CLE Approved 6 Total
Nebraska CLE Approved 6 Total
New Hampshire CLE Approved 6 Total
New Jersey CLE Approved 7.2 Total
New Mexico CLE Approved 6 Total
Nevada CLE Approved 6 Total
New York CLE Approved 7 Total
Ohio CLE Approved 6 Total
Oklahoma CLE Approved 7 Total
Oregon CLE Approved 6 Total
Pennsylvania CLE Approved 6 Total
Rhode Island CLE Upon Request 6 Total
South Carolina CLE Approved 6 Total
Tennessee CLE Approved 6 Total
Texas CLE Approved 6 Total
Utah CLE Approved 6 Total
Vermont CLE Approved 6 Total
Washington CLE Approved 6 Total
Wisconsin CLE Approved 7 Total
West Virginia CLE Approved 7.2 Total
North Carolina Continuing Paralegal Education Approved 6 Total
OnDemand
5 hours 57 minutes
Noelle Sheehan
Terry Cox
Linda Chezem
Benjamin Boscolo
Deborah Afasano
Victoria Schall
With Noelle K. Sheehan from Wilson Elser + 5 others
Recorded March 04, 2025
Product ID 99981

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Overview

From Advocacy to Action: Practical Insights for Falls and Other Claims

Protect those who cannot advocate for themselves! This essential program will reveal tailored insights for handling different types of nursing home malpractice claims, from falls to medication errors. You will also gain valuable insights for addressing elder abuse in skilled nursing facilities. Champion the rights of the vulnerable - register today!

  • Understand the laws and regulations governing nursing homes.
  • Get practical tips for handling resident fall cases.
  • Spot when ulcer prevention protocols and other care requirements have been violated.
  • Discover how to approach damages when anticipated life expectancy and lost earnings are minimal.
  • Learn to recognize the signs of neglect and abuse.

Abbreviated Agenda

  1. Framework for Resident Rights and Care Standards
  2. Nursing Home Fall Injuries: Strategies for Advocacy
  3. Ulcers and Other Care Failures: Protocols, Evidence, and Case Law Insights
  4. Proving Claims of Inadequate Staffing, Training, and Negligent Supervision
  5. Building a Case on Medication Errors
  6. Calculating and Presenting Damages
  7. Combatting Abuse: Physical, Emotional, and Financial
  8. Legal Ethics
Product ID 99981

Credit Details

Credits Available
Credit Status Total
Alaska CLE Approved 6 Total
Alabama CLE Approved 6 Total
Arkansas 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
Georgia CLE Approved 6 Total
Hawaii CLE Approved 6 Total
Iowa CLE Approved 6 Total
Idaho CLE Approved 6 Total
Illinois CLE Approved 6 Total
Indiana CLE Approved 6 Total
Kansas CLE Approved 7 Total
Louisiana 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
Mississippi CLE Approved 6 Total
Montana CLE Approved 6 Total
North Carolina CLE Approved 6 Total
North Dakota CLE Approved 6 Total
Nebraska CLE Approved 6 Total
New Hampshire CLE Approved 6 Total
New Jersey CLE Approved 7.2 Total
New Mexico CLE Approved 6 Total
Nevada CLE Approved 6 Total
New York CLE Approved 7 Total
Ohio CLE Approved 6 Total
Oklahoma CLE Approved 7 Total
Oregon CLE Approved 6 Total
Pennsylvania CLE Approved 6 Total
Rhode Island CLE Upon Request 6 Total
South Carolina CLE Approved 6 Total
Tennessee CLE Approved 6 Total
Texas CLE Approved 6 Total
Utah CLE Approved 6 Total
Vermont CLE Approved 6 Total
Washington CLE Approved 6 Total
Wisconsin CLE Approved 7 Total
West Virginia CLE Approved 7.2 Total
North Carolina Continuing Paralegal Education Approved 6 Total
Select Jurisdiction
CLE
Paralegal

Agenda

All times are shown in
  1. Framework for Resident Rights and Care Standards

    1. Omnibus Budget Reconciliation Act (OBRA)
    2. Nursing Home Reform Act
    3. Medicare and Medicaid Regulations
    4. State Regulations
    5. Establishing Standards of Care
    6. CMS and Other Agencies Responsible for Monitoring and Enforcement
  2. Nursing Home Fall Injuries: Strategies for Advocacy

    1. Premises Liability or Medical Malpractice?
    2. Nursing Home Requirements for Fall Assessment and Prevention
    3. Documentation and Evidence Strategies
    4. Case Law Examples
  3. Ulcers and Other Care Failures: Protocols, Evidence, and Case Law Insights

    1. Pressure Ulcers
    2. Malnutrition and Dehydration
    3. Inadequate Pain Management
    4. Inadequate Infection Control
    5. Lack of Individualized Care Plans
    6. Failure to Monitor
    7. Improper Discharge
  4. Proving Claims of Inadequate Staffing, Training, and Negligent Supervision

    1. Staffing Ratios and Regulations
    2. Training Requirements
    3. Supervision Standards
    4. Documentation and Evidence Strategies
    5. Case Law Examples
  5. Building a Case on Medication Errors

    1. Standards for Prescribing, Dispensing, and Administering Medications in Nursing Homes
    2. Documentation and Evidence Strategies
    3. Case Law Examples
  6. Calculating and Presenting Damages

    1. Life Expectancy, Future Earning Potential, and Other Factors
    2. Causation and Pre-Existing Conditions
    3. Pain, Suffering, and Loss of Enjoyment of Life
    4. Quantifying Loss of Companionship
    5. Damages in the Nursing Home Wrongful Death Claim
  7. Combatting Abuse: Physical, Emotional, and Financial

    1. Signs and Symptoms
    2. Elder Abuse Laws
    3. Reporting Requirements
    4. Building a Case Based on Abuse Allegations
  8. Legal Ethics

    1. Conflicts of Interest
    2. Confidentiality
    3. Mandatory Reporter Issues
    4. Communication
    5. Client Capacity
    6. Fee Arrangements

Who Should Attend

This program is designed for attorneys. Paralegals may also benefit.

Speakers

Noelle K Sheehan
Noelle K.
Sheehan
Wilson Elser
Terry C Cox
Terry C.
Cox
Cox Law Office
Linda L Chezem
Linda L.
Chezem
Foley Peden & Wisco, P.A.
Benjamin T Boscolo
Benjamin T.
Boscolo
ChasenBoscolo Injury Lawyers
Deborah Afasano
Deborah
Afasano
Carpe Diem Healthcare Consulting, LLC
Victoria A Schall
Victoria A.
Schall
Schall at Law
Speaker bio
Noelle K Sheehan

Noelle K. Sheehan

Wilson Elser
Noelle Sheehan

focuses her practice on complex civil litigation matters from outset to conclusion in state and federal courts across Florida. Her cases involve insurance and general liability defense of matters including nursing home negligence and medical malpractice matters, personal injury, premises liability, and wrongful death claims. Noelle represents owners and operators of long-term care facilities, assisted-living facilities and nursing homes throughout Florida in lawsuits involving allegations of medical negligence, corporate negligence, administrative negligence, inadequate staffing, wrongful death and statutory violations of residents' rights. She has developed successful strategies to position these cases substantively and procedurally for the best possible resolution.

Speaker bio
Terry C Cox

Terry C. Cox

Cox Law Office
Terry Cox

practices elder law in Collierville, Tennessee. He has been engaged in private practice for over 40 years. Mr. Cox has lectured before professional groups in law, medical technology and lifecare planning on a variety of elder law topics. He has been published in the Journal of Life Care Planning; he was contributing author of the Life Care Planning and Case Management Handbook, Third Edition; and has been a contributing author on elder law for West's Tennessee Practice series. Mr. Cox is a member of the Tennessee Bar Association and the National Academy of Elder Law Attorneys. He has been recognized three times as the best lawyer in Collierville, Tennessee by readers of the local newspaper. Mr. Cox is a graduate of the University of Memphis Cecil C. Humphreys School of Law.

Speaker bio
Linda L Chezem

Linda L. Chezem

Foley Peden & Wisco, P.A.
Linda Chezem

serves of counsel at Foley Peden & Wisco, P.A. She has served on Lawrence County Court, Lawrence Circuit Court and the Indiana Court of Appeals. After 22 years, Ms. Chezem resigned from the Indiana Court of Appeals to become the department head and a professor of 4-H Youth Development in the College of Agriculture, Purdue University. She served as a special assistant to the director of the National Institute on Alcohol Abuse and Alcoholism. Ms. Chezem now holds an appointment as a professor emerita of Youth Development and Agricultural Education, Purdue University and an adjunct professor appointment at the Indiana University School of Medicine Alcohol Research Center. She is a past chair of the Morgan County, Indiana Board of Health and co-author of the first public health law bench book in the United States. Ms. Chezem earned her B.S. degree from Indiana State University and her J.D. degree from Indiana University School of Law.

Speaker bio
Benjamin T Boscolo

Benjamin T. Boscolo

ChasenBoscolo Injury Lawyers
Benjamin Boscolo

is an attorney, chief executive officer, and owner at ChasenBoscolo Injury Lawyers. He practices in several areas, including worker's compensation, premise liability, inadequate security, personal injuries, construction accidents, and distracted driving. Throughout his life, Mr. Boscolo has seen firsthand how people in power take advantage of honest, hard-working men and women. He is thankful the skills his education and experience have helped develop. Mr. Boscolo believes he is obligated to use these skills to fight for those of us who are stepped on and bullied. This uncompromising integrity and commitment to clients has allowed him to help grow the firm from one lawyer to more than thirty lawyers. Mr. Boscolo earned his B.A. degree from Lafayette College and his J.D. degree from American University Washington College of Law. He earned Trial Lawyer of the Year in 2015, and is the designated worker's compensation counsel for NFLPA, MLSPA, PHPA. Mr. Boscolo is also the past president of the Maryland Workers Compensation Educational Association. He is admitted to practice in Maryland, Washington DC, and Virginia.

Speaker bio
Deborah Afasano

Deborah Afasano

Carpe Diem Healthcare Consulting, LLC
Deborah Afasano

is a highly accomplished healthcare professional with over 45 years of experience in acute and long-term care settings. As a registered nurse, certified director of nursing (CDON), certified end-of-life ELNEC trainer, healthcare risk manager (HCRM), and legal nurse consultant (LNC), Ms. Afasano has made significant contributions to the healthcare industry. She has held leadership roles in various organizations, including serving as the Director of Clinical and Quality Services for the Florida Health Care Association (FHCA) and the VP of Clinical Services for multiple long-term care management companies across Florida and other states. Ms. Afasano also served as Director of Nursing for a Florida Gold Seal facility, where the facility won the prestigious JCAHO Codman Award for Process Improvement in Pressure Ulcers. Currently, Ms. Afasano is the President of Carpe Diem Healthcare Consulting, LLC, where she provides consulting services for Assisted Living Facilities (ALFs), Skilled Nursing Facilities (SNFs), legal clinical consultation, and is a sought-after speaker on leadership, regulations, clinical practice, risk management, QAPI, and quality topics. Her professional impact extends beyond her consulting work; she is a former governor appointee to the Florida Center for Nursing and the founding chair of the FHCA Senior Clinicians Council. Ms. Afasano is a recipient of the 2011 NADONA Spirit of Nursing Presidents Award and an inductee into the Sigma Theta Tau National Honor Society.

Speaker bio
Victoria A Schall

Victoria A. Schall

Schall at Law
Victoria Schall

is an attorney with Schall at Law in New Jersey office, where she concentrates her practice on civil litigation claims for nursing home abuse and neglect. She earned her B.A. degree from Loyola College in Maryland and her J.D. degree from Appalachian School of Law. Ms. Schall is a member of the American Association for Justice, New Jersey Association for Justice, New Jersey State Bar Association, Virginia Trial Lawyers Association, Burlington County Bar Association, Camden County Bar Association and the NCCNHR/The Consumer Voice. She is admitted to practice in New Jersey, Pennsylvania, District of Columbia, Virginia and U.S. District Court, District of New Jersey.

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