Director of Nursing Depositions in Nursing Home Neglect and Abuse Cases

Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
Intermediate
- work Practice Area
Personal Injury and Med Mal
- event Date
Thursday, February 1, 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 webinar will offer strategies and best practices for director of nursing (DON) depositions in abuse and neglect cases against nursing homes. The program will help attorneys avoid overlooking critical lines of questioning and identify defense strategies used to prevent ineffective testimony.
Faculty

With over $45 million in settlements and verdicts since 2003, Mr. Morris has handled a number of high-profile cases for clients in Tennessee and across the south involving wrongful death and catastrophic personal injury. He has obtained for clients 11 separate seven-figure settlements, 15 separate settlements over $700,000, and recently obtained a $900,000 verdict for the family of a woman neglected at a Memphis-area nursing home in December, 2009. Nursing abuse and neglect cases represented include injury, preventable falls, dehydration, food poisoning, bed sores, sexual molestation and rape, chemical restraints, and wrongful death.

Ms. Schall concentrates her practice on civil litigation claims for nursing home abuse and neglect, medical malpractice, and personal injury.
Description
If a plaintiff's attorney can only depose one witness, it will often be the DON. As the day-to-day manager of nursing operations, the DON is ultimately responsible and accountable for residents' nursing care. DON testimony can establish standards and deviations from those standards on a wide range of topics, such as the standard of care, hiring policies, and compliance with local, state, and federal policies and regulations.
Because they typically report to an administrator or executive director of a nursing home, DONs are close to management. DONs will also have a significant understanding of budgeting, company policies and practices, and essentials such as electronic medical charting software and charting practices.
Plaintiffs want to capitalize on the DON's habit and desire to provide detailed answers and information while defense counsel wants to prevent speculation, guesses, and errors.
Listen as this exceptional panel of attorneys offers best strategies and practices for DON depositions in nursing home abuse and neglect cases.
Outline
- Planning the deposition
- The scope of testimony/knowledge
- Documents to review before deposition
- Useful exhibits
- Questioning techniques
Benefits
The panel will review these and other key issues:
- What are the appropriate subjects on which to depose the DON?
- Is the DON an expert or a fact witness?
- Is DON testimony binding on the entity or could a corporate representative deposition trump DON testimony?
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