About the Course
Introduction
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.
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.
Presented By
Since 2009, Mr. Brusca has devoted his practice to representing vulnerable people and their families in abuse, neglect, and death cases in nursing homes, rehabs, assisted living facilities, group homes, and hospitals. He is one of a select few lawyers in New Jersey to truly concentrate their practice in this area. Mr. Brusca shares his knowledge on this important topic by regularly lecturing around the country and teaching other lawyers to prosecute these claims the right way. He has also been consulted by reporters and law enforcement in this field. Mr. Brusca has been published many times, including in the New Jersey Law Journal and in “Trial” – the national attorney magazine published & disseminated by the American Association for Justice.
Ms. McCrink, cochair of Wilson Elser’s Long-Term Care Practice focuses on the defense of medical malpractice, nursing home liability and general liability claims. In the medical malpractice area, She represents hospitals, physicians and other health care professionals in cases involving a variety of medical specialties. Ms. McCrink also has experience defending nursing home clients amid the increasing number of lawsuits seeking punitive damages under New York Public Health Law Section 2801-d. In addition, she has assisted with presentations to nursing home staff on risk management and proper documentation. Ms. McCrink is involved with cases from inception, including handling various discovery issues, taking depositions, preparing reports on meetings with staff and searching medical records as well as assisting with trial preparation and preparing motions in limine.
Mr. Schenk has dedicated his professional career to advocating on behalf of those injured in long term care facilities across Georgia. He hosts the weekly podcast, The Nursing Home Abuse Podcast, a show dedicated to informing the public how to identify and prevent nursing home negligence and abuse. Mr. Schenk has been repeatedly recognized by his peers in the legal community for his experience and ability. He was awarded Georgia Rising Star for 2015, 2016, and 2017 by Super Lawyers, an honor bestowed on only 2.5% of attorneys in Georgia. Mr. Schenk has also achieved Martindale-Hubbell’s AV Preeminent Rating.
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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Date + Time
- event
Thursday, July 16, 2026
- schedule
1:00 PM ET/10:00 AM PT
I. Planning the deposition
II. The scope of testimony/knowledge
III. Documents to review before deposition
IV. Useful exhibits
V. Questioning techniques
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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Director of Nursing Depositions in Nursing Home Neglect and Abuse Cases
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