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AMDA's 32nd Annual Symposium


B19 - Nursing Facility Litigation and Liability: A Case-Based Tutorial for the Medical Director


Mar 6, 2009 1:30pm ‐ Mar 6, 2009 3:00pm

Standard: $24.00

Description

AMDCP Credit Designation:

This session has been approved for a total of 1.5 Management credit hours toward certification as a Certified Medical Director in Long Term Care (CMD).

The American Medical Directors Association designates this educational activity fora maximum of 1.5 AMA PRA Category 1 Credit(s)TM. Physicians should only claim credit commensurate with the extent of their participation in the activity.

Presenter(s): Randall Huss, MD, CMD; DavidA. Smith, MD, CMD

Disclosure(s):
All presenters reported they had no relevant financial relationships to disclose.

Session Description:
This session is a follow-up to Dr. Smith’s and Dr. Huss’ popular presentations at the AMDA 2006 and 2008 Symposia. They draw on cases from their experience as expert witnesses to engage the audience in a discussion of important principles of nursing facility litigation. A brief review of the basics of the tort process in nursing facility litigation is followed by case discussions that illustrate particular aspects of liability in the nursing facility. Each case includes a focus on particular acts or omissions that either made the case more difficult to defend or that facilitated the defense of the facility and providers. The presented cases include cases involving pressure ulcers, falls with injury, wrongful death claims, the importance of "near miss"events and others.

Learning Objectives:
  • Describe the main areas of liability commonly encountered in nursingfacility litigation
  • Discuss ways the medical director can assist the facility to avoidpitfalls in litigation
  • Recognize the importance of recognition of 'near miss' events andsubsequent implementation of follow-up action to prevent liability withadverse outcomes
  • Describe the importance of updated care plans that reflectappropriate goals of care for nursing facility residents to avoid nursingfacility litigation

References:
1. Brady, J. G. “Long –Term Care Under Fire: A Case forRational Enforcement.” Journal of Contemporary Health Law and Policy, Vol.18:1, 1-51 (2001)
2. Brooke, P. S. “Long-Term Care Demands Precise Documentation.”Nursing Management, 31:11, 23-24 (2000)
3. Iyer, P. “Liability in the Care of the Elderly.” JOGNN,33: 124-131 (2004)
4. Johnson, C. E., et al. “Predicting Lawsuits againstNursing Homes in the United States, 1997-2001.” HSR: Health Services Research,39:6, Part 1: 1713-1731 (December 2004)
5. Johnson, C. E., et al. “Factors Predicting LawsuitsAgainst Nursing Homes in Florida 1997-2001” The Gerontologist, 44:3, 339-347(2004)
6. Kapp, M. B. “Resident Safety and Medical Errors in NursingHomes.” Journal of Legal Medicine, 24: 51-76 (2003)
7. Peterson, A. M. “Overview of the Nursing Home LitigationProcess.” Geriatric Nursing, 23: 37-42 (2002)
8. Siegel, S. “Facility Liability for Patient Abuse byStaff.” Health Care Law Monthly: July, 2004: 3-7
9. Stevenson, D. G. and Studdert, D. M. “The Rise of NursingHome Litigation: Findings from a National Survey of Attorneys.” Health Affairs,22:2, 219-229 (2003)
10. Studdert, D. M. and Stevenson, D. G. “Nursing HomeLitigation and Tort Reform: A Case for Exceptionalism.” The Gerontologist,44:5, 588-595 (2004)
11. Todd, J. “Be Proactive and Avoid Costly Lawsuits.”Provider: July, 2002: 51-55
12. Troyer, J. L. and Thompson, H. G., Jr. “The Impact ofLitigation on Nursing Home Quality.” Journal of Health Politics, Policy andLaw, 29:1, 11-39 (2004)

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