Nursing Home Malpractice: Indispensable Discovery for Establishing Causation, Systemic Neglect, and Liability

Discovery begins before filing suit to review the plaintiff's medical records before and after the injury and moving into the nursing facility. Some states require an expert opinion with the complaint. These records inform the attorney who to depose and from whom to request documents. The number of caregivers or revolving caregivers may reveal enterprise-wide problems. Knowing who these employees are and how to contact them is a critical component of the case.

When injuries appear to be due to companywide policies that allow neglect to fester, attorneys must know how to obtain evidence about the relationships between the facility, its parent company, any management companies, and employee leasing companies. Proving causation and liability for systemic neglect requires discovering and grasping company policies and procedures and which entities set and controlled the policies and procedures that may have contributed to the injury. Understanding which records the nursing home is required by law or contract to maintain is crucial.

Listen as the distinguished panel explains how to overcome the sometimes daunting challenges of getting the right evidence of patterns and practices for nursing home care and what types of evidence are the most crucial.

1. Pre-suit investigation
2. The necessity for expert opinion
3. Discovery related to specific causes of action
4. Discovery of companywide practices and policies
5. Structuring and noticing depositions of key employees

The panel will review these and other essential elements of these suits:

• Identifying all proper defendants
• Critical information to request in initial discovery
• Pattern and practice evidence
• Deposition strategy