Deposing a Nursing Home's Director of Marketing and Admissions: Goals, Key Topics, Exhibits, Handling Objections

Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
Intermediate
- work Practice Area
Personal Injury and Med Mal
- event Date
Wednesday, June 12, 2024
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE course will provide medical malpractice and personal injury attorneys with strategies and practical tips when taking or defending the deposition of the Director of Marketing/Admissions (DOMA) at a nursing home. The panel will discuss reasons to depose this witness, topics to cover, key exhibits, objections, and more.
Faculty

Ms. Delaney plays a key role in a number of complex medical malpractice, nursing home, wrongful death and personal injury matters. She is involved in all steps of the litigation process, including case intake, drafting and filing complaints, and taking depositions. Currently, Ms. Delaney is working on a variety of cases, including a birth injury/medical malpractice case, a hospital fall lawsuit, and many nursing home negligence cases.

Mr. Schiavetta received a J.D. from University of California, Davis School of Law in 1992, after a previous career as a social worker. At UC Davis he was the only member of his class to be named both a Law Review Editor and a Moot Court Judge. Mr. Schiavetta has been defending nursing homes for twenty years, both supervising other attorneys and directly acting as defense counsel in hundreds of cases. He has met with Administrators, Directors of Nursing, and countless R.N.'s, L.P.N.'s and CNA's. At the request of risk managers he has given seminars on "Defensive Charting" at dozens of nursing homes in New York and New Jersey. Due to his reputation for close attention to nursing home issues he has been invited to represent nursing homes in regulatory matters before the Department of Health and the Attorney General. Mr. Schiavetta has a great deal of 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 which have benefited his clients, Springstead v. Ciba-Geigy, 27 A.D.3d 720 (2nd Dept. 2006) (allowing recovery of costs in pursing third party actions), and Randi A.J. v. Long Island Surgi-Center, 46 A.D.3d 74 (2nd Dept. 2007) (requiring "clear and convincing" evidence for punitive damages).

Ms. Christoforo is an associate whose practice focuses on Medical Malpractice Defense and Skilled Nursing and Aging Services. She also practices in the defense of matters involving Toxic Torts including asbestos litigation.
Description
The top responsibilities of the DOMA at a nursing home include to "optimize the admissions process," "create a steady stream of qualified admissions," and "explain facility philosophy, policies, and procedures" to potential residents and referral sources. DOMAs are under increasing pressure to fill every bed in a very competitive market. A deposition that shows that life as described by the DOMA does not match everyday reality can be a powerful tool.
The person in this position is intimately aware of not just the specific facility's financial goals and challenges, but those of related and parent companies as well. This person can help counsel put the pieces together about how the company operates and about its budget and any lack of funding for staffing and training. The DOMA can be a key witness for establishing or avoiding institutional liability for patient injuries.
Listen as this panel of nursing home litigators offers guidance on preparing for and conducting depositions of DOMAs in nursing home injury cases and shares useful insights on the strategic use of these depositions at trial and during settlement negotiations.
Outline
- Purpose of the deposition
- Topics to cover
- Key documents to request
- Objections to deposing marketing director
- Techniques and strategies to prepare for and take the deposition
Benefits
The panel will discuss these and other key issues:
- What topics should attorneys explore?
- Is the testimony binding on the company?
- How does the testimony of the DOMA hinder or advance the "dollars over patients" theme?
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