Accreditation The American Medical Directors Association (AMDA) is accredited by the Accreditation Council for Continuing Medical Education (ACCME) to provide continuing medical education for physicians. Designation Statement: The American Medical Directors Association designates this educational activity for a maximum of 1.5 AMA PRA Category 1 Credit(s)™. Physicians should only claim credit commensurate with the extent of their participation in the activity.
AMDCP Credit Designation: This session has been approved for a total of management 1.5 credit hours toward certification as a Certified Medical Director in Long Term Care (CMD).
Session Description: This session is designed to familiarize long term care (LTC) physicians and Medical Directors with the process, roles and responsibilities involved in the provision of LTC expert consultation and testimony. Attendees will be taken through a brief overview of LTC litigation, and the case for increasing the numbers and availability of physicians willing to provide competent expert review and witness services in this field. A detailed description of the litigation process, including burdens of proof, typical strategies and the actual trial process will be undertaken. The presenters will review the essential qualifications and skills needed to provide competent expert consultation and testimony in LTC litigation. A detailed explanation of the process of review and testimony in a plaintiff’s case, a defense case, and other types of issues such as competency and capacity determinations will be provided. The presenters will also discuss the opportunity the consultant often has to provide an attorney with advice about correcting deficient processes or policies that are uncovered during review.
Discuss how improving the availability and quality of consulting expert reviews and witnesses will improve the process and outcomes of long term care litigation, as well as serve to limit lawsuits lacking merit.
Describe the steps of the litigation process in long term care lawsuits.
List the desirable qualifications and essential skills needed for provision of competent expert review and to serve as an expert witness in long term care litigation.
Describe the ideal process of expert review in a plaintiff’s and a defendant’s case, comparing and contrasting them, as well as in other legal matters such as competency and capacity determinations upon which the expert may be asked to offer opinion or review.
Speaker(s): Randall Huss, MD, CMD; David A. Smith, MD, CMD; Karl E. Steinberg, MD, CMD