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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, December 18, 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
CLE
ALL

This CLE course will provide medical malpractice and personal injury attorneys with an in-depth analysis of deposition practice in nursing home injury cases. The webinar will discuss best practices for identifying and questioning deponents, videotaping depositions, using demonstrative exhibits, dealing with difficult witnesses, and raising and defending objections.

Faculty

Monica C. Fillmore
Member
Burns White, LLC

Ms. Fillmore is a skilled litigator who represents healthcare providers and institutions in long-term care, medical malpractice, and dental malpractice matters. She also has experience successfully representing her clients throughout professional board proceedings and in personal injury cases.

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Michael A. Brusca
Partner
Davis & Brusca

Mr. Brusca dedicates his practice to representing vulnerable individuals and their families in wrongful death, catastrophic injury, negligence and abuse claims arising in nursing homes, assisted living facilities, psychiatric facilities, hospitals, boarding and group homes. He is a frequent lecturer to lay organizations and fellow attorneys at the state and national level on topics such as facility selection, resident care, litigation, trial practice, and technology issues.

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Description

For attorneys representing victims in nursing home injury cases, the depositions of nursing home employees, owners, and corporate representatives are among the most significant events in the case. Depositions allow medical malpractice and personal injury attorneys an opportunity to scrutinize the nursing home's policies and practices to determine if patient care and safety are a priority.

As testimony obtained from the nursing home's owner or representative during the deposition binds the nursing home, counsel must consider who to depose, the reason for the deposition, and carefully prepare to maximize their effectiveness during the deposition process. Counsel must think critically and logically about the deposition process to gain testimony to increase the case's value. Medical malpractice and personal injury attorneys should consider using strategic moves when deposing nursing home staff and owners, including videotaping the depositions and using demonstrative exhibits such as autopsy reports.

Listen as our expert panel explains the legal and practical considerations for medical malpractice and personal injury attorneys when preparing for and conducting depositions of nursing home staff and owners in nursing home injury cases. The panelists will share valuable insights on these depositions' strategic use during settlement negotiations and trial.

Outline

  1. Purpose of the deposition
    1. Prove the case by gaining admissions of rule violations, causation, and damages
    2. Develop a roadmap for adverse examination
    3. Create traps for witnesses
    4. Discredit future defense experts
  2. Techniques and strategies to prepare for and take the deposition
    1. Knowing your goals, the facts, the witnesses, the rules, and the damages
    2. Anticipating defenses
    3. Roleplaying
    4. Objecting and responding to defense objections
    5. Creating traps for evasive or difficult deponents
    6. Do's and don'ts during the deposition

Benefits

The panel will review these and other key issues:

  • When questioning nursing home staff and owners during depositions, what topics should attorneys explore?
  • When and how should attorneys use demonstrative exhibits during depositions of nursing home staff and owners?
  • What are best practices for dealing with difficult deponents?
  • How to effectively question deponents to discredit defense experts
  • What are effective techniques for raising and defending objections during depositions of nursing home staff and owners?