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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

    Tuesday, July 8, 2025

  • 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.

$297.00

This course is $0 with these passes:

CLE
ALL

This CLE webinar will discuss handling state surveys and reports, patients' Minimum Data Set (MDS) required assessments, the Omnibus Budget Reconciliation Act (OBRA) and related regulations, and policy and procedures manuals used in nursing home depositions. The panel of nursing home defense counsel will discuss tactics of plaintiff’s counsel attempting to use these materials to establish the standard of care and deviations from that standard including best strategies for defending depositions involving these documents.

Faculty

Katherine L. McCrink
Partner
Wilson Elser, LLP

Ms. McCrink focuses her practice 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.

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Robert J. Cristiano
Of Counsel
Wilson Elser, LLP

Mr. Cristiano defends against medical malpractice claims with a concentration in long-term care and nursing home claims in state and federal courts. During his career, he has successfully litigated cases and appeals throughout New York as an attorney at a well-known medical malpractice plaintiff’s firm and as a partner at a respected Long Island law firm. 

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Description

Nursing homes are highly regulated through comprehensive federal and state laws and regulations in order to participate in Medicare and Medicaid programs. Plaintiffs in nursing home neglect and abuse cases often point to these regulations and the reports and records they mandate in an effort to expose and illustrate the applicable safety rules, alleged violations or deviations from those rules, and how those deviations resulted in harm.

Nonetheless, nursing home defendants often argue that applicable rules and regulations deal only with reimbursement conditions and do not establish a standard of care. Similarly, defense counsel often posit that the nursing home's policies and procedures are merely guidelines, not requirements.

Listen as this expert panel of defense nursing home litigators explores how plaintiffs may attempt to use the applicable rules and regulations and best strategies for limiting the damage this can cause.

Outline

I. Preparing for deposition

A. Selecting deponents

B. Obtaining the documents

II. Deposing the witness

A. Minimum Data Set (MDS)

B. Omnibus Budget Reconciliation Act (OBRA)

C. State surveys

D. Policies and procedures manuals

Benefits

The panel will review these and other key issues:

  • What is an MDS, and what does it require? What are the latest rules and regulations for state surveys?
  • What reports are signed under penalty of perjury by the nursing home?
  • What makes an injury unavoidable?
  • What happens when nursing homes fail to advise families that they lack the resources to care for the patient?
  • What is the relationship between policies and procedures manuals, and standards of reasonable care?