BarbriSFCourseDetails
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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

    Intermediate

  • work Practice Area

    Personal Injury and Med Mal

Date & Time
  • event Date

    Wednesday, October 30, 2024

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

$197.00

This course is $0 with these passes:

CLE
ALL

This CLE webinar will discuss defending nursing homes in cases involving decubitus ulcers a/k/a pressure ulcers, pressure wounds, pressure sores, bedsores. The panel will also address the impact of new regulatory changes for wound care that became effective on Oct. 1, 2023.

Faculty

Mario C. Giannettino
Partner
Kaufman, Borgeest & Ryan, LLP

Mr. Giannettino is a partner in the firm’s Medical Malpractice, General Liability and Skilled Nursing and Aging Services groups. He represents a range of healthcare professionals and providers including residential healthcare and assisted living facilities, physicians, physician’s assistants, hospitals and home health agencies. In addition to defending suit from inception and through discovery, Mr. Giannettino also serves as a trial attorney. He has extensive experience in alternative dispute resolution methods, such as mediation and arbitration. In addition to litigation, Mr. Giannettino provides a broad spectrum of services to clients, including staff training, in-servicing and risk assessment. He also provides a variety of services to assist in compliance with privacy and security under the Health Insurance Portability and Accountability Act (HIPAA) and the Health Information Technology for Economic and Clinical Health Act (HITECH) with respect to the use, disclosure, exchange, retention and destruction of health information. 

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Lindsey G. Nourse
Associate
Kaufman, Borgeest & Ryan, LLP

Ms. Nourse is an associate attorney whose practice focuses on the defense of Medical Malpractice and Skilled Nursing, Assisted Living, Home Care & Hospice matters. She represents hospitals, physicians, and other healthcare entities in all aspects of litigation. Ms. Nourse has a background in a wide variety of practice areas including New York City Real Estate Law, Consumer Debt Protection, Personal Injury, and Premises Liability. 

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Description

Federal law, including the 2023 regulations, requires all facilities to have a written plan for each resident for treating and preventing bedsores. If early-stage wounds are not treated expeditiously or properly, they may not heal and can cause serious infections, gangrene, and even death. The psychological distress of seeing a pressure wound should not be underestimated.

Litigation involving bedsores often alleges that defendants failed to properly assess, diagnose, evaluate, supervise, and monitor the resident. Disputes often center around the adequacy of the care plan, especially in light of the new regulations, and whether the plan was properly executed given that the resident's condition often fluctuates and is complicated by co-morbidities. Defense counsel need to anticipate various levels of completeness and quality of medical records and documentary evidence and have strategies to address any shortcomings.

Expert testimony will be needed to establish the appropriateness of the care plan, that it did not cause further injury, and to address whether any alleged violations of laws or regulations caused injury. Care must be taken to select an expert with the right expertise and demeanor.

Listen as our experienced panel discusses best practices and strategies for defending nursing homes in cases involving pressure wounds.

Outline

  1. Overview of pressure wounds and degree of severity
  2. State and federal regulatory schemes
  3. Plaintiff's burden of proof
  4. Defendant's standard of care
  5. Selecting the proper expert
  6. Negating the elements of the claim
  7. Overcoming familiar plaintiff tactics

Benefits

The panel will review these and other important issues:

  • What is the National Pressure Injury Advisory Panel and are its guidelines persuasive?
  • What specialties should defense counsel seek in an expert?
  • What constitutes "regularly moving" a resident to prevent pressure sores?