Litigating the Nursing Home Case


By James T. O'Reilly

cover image of Litigating the Nursing Home Case

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This new edition provides step-by-step guidance on dealing with the medical-legal issues involved in litigating a nursing home case for both plaintiffs' and defense lawyers. It also provides guidance to nursing home administrators on how to avoid liability and improve quality through regulatory compliance. Authors James T. O'Reilly and Katharine Van Tassel begin by reviewing the responsibilities and liabilities of management, nurses, and physicians in the second edition of Litigating the Nursing Home Case. This extensive reference then examines liability and regulatory issues from both defense and plaintiffs' perspectives, including specific topics such as drug interaction and polypharmacy concerns, ulcers and infection problems, fall-related injuries, wandering and escape issues, assault and abuse, dehydration, choking, and more. New topics in the second edition have been added, including: - A greatly expanded description of the medical-legal issues facing both plaintiff s' and defense lawyers who litigate nursing home cases - New guidance on how nursing home administrators can enhance regulatory compliance to both avoid litigation and improve quality of care - New explanations of the changing types of Centers for Medicare and Medicaid Services (CMS) surveys, including the tag system, and how these surveys can affect liability - Updates to CMS regulations that govern quality of care - An overview of the growing use of evidence-based care and clinical practice guidelines to establish the standard of care - A discussion of the conflict over the legal impact of the use of arbitration agreements - Greater detail on how to assess patterns of injuries to decide whether to accept a case - Additional causes of action and defenses that can be pled, and how they should be pled, in light of changes in the law - Issues pertaining to states' pay rates and the possible wrongful discharge of a resident due to insufficient funding - Penetrating the complexity of LLCs associated with nursing homes This new edition is a must for both plaintiffs' lawyers representing injured nursing home residents and for the lawyers defending nursing homes in these causes of action. The expanded second edition explains the medical-legal issues that are essential to litigating a nursing home case from both perspectives. Of note, new sections have been added that describe how nursing homes can enhance regulatory compliance to both avoid litigation and improve quality of care.

Litigating the Nursing Home Case