Nursing Home Fall Injuries: Litigating the Adequacy of Fall Assessments and Protocol Implementation

Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
Intermediate
- work Practice Area
Personal Injury and Med Mal
- event Date
Wednesday, May 8, 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 offer guidance to personal injury lawyers litigating nursing home fall claims with special emphasis on disputes over the adequacy of fall assessments and implementation of protocols.
Faculty

Mr. Corkery’s practice primarily focuses on transportation law, medical malpractice and other types of litigation. He has significant trial experience in Illinois and Missouri State Courts and Illinois Federal Courts. Mr. Corkery attended the National Association of Railroad Trial Counsel Trial College. While in law school, he served as an intern clerk for Judge Lawrence Mooney of the Eastern District Court of Appeals of Missouri. He is licensed in Illinois and Missouri.

Ms. Lower is an Associate in the Healthcare and Long-Term practice group in the firm’s Cherry Hill, New Jersey office. Ms. Lower focuses her practice on defending medical and long-term care facilities and practitioners in medical malpractice, professional liability, and general liability claims.
Description
Fall-related allegations are the most common type of professional liability claim lodged against skilled nursing facilities. Falls by the elderly are more likely to cause severe injuries such as fractures, head trauma, lacerations, and even death. Falls and fractures can be signs of potential neglect or abuse.
The jury needs to understand why the resident fell and that not all falls are preventable. Understanding the resident's overall medical condition is critical and requires the right experts to explain all potential medical and pharmacological factors that could contribute to the fall.
Understaffing and inadequate training often lead to an increase in unwitnessed falls. Many different types of evidence must be examined to investigate, build, or defend the case.
Listen as this experienced panel of seasoned nursing home litigators discusses the nuances of litigating fall cases.
Outline
- Common causes of nursing home falls
- Theories of liability
- Overview of applicable federal regulations
- Comprehensive fall assessment and fall protocols
- The Morse scale
- Mobility algorithm
- Discovery considerations
- Medical records review
- Damages
Benefits
The panel will review these and other key issues:
- What does a comprehensive fall assessment and proper fall protocol look like?
- What tools can be used to assess and prevent nursing home falls?
- What documents are properly discoverable in nursing home cases?
- What are the most common defenses to nursing home fall cases?
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