DRI’s Nursing Home/ALF Litigation Seminar is the Program Schedule 3 preeminent program for attorneys in private practice, in-house counsel, claims specialists and other professionals involved in the defense of claims General Information 6 against long-term and end-of-life care providers across the country. This year we will again host a number of industry counsel meetings and create opportunities for Faculty Biographies 7 long-term care providers, insurers, risk managers and defense counsel to visit a fantastic new venue, exchange ideas and information, collaborate on new and developing 2012 Seminar Schedule 9 defense trends and strategies, and enjoy each other’s company while obtaining continuing education credit. The content of the seminar has been carefully developed Seminar Sponsors 10 based on prior years’ attendee feedback, and includes the input and ingenuity of the experienced members of our steering committee. Register now to ensure your place at this Registration Form 11 cutting-edge seminar in Las Vegas. J. Richard Moore Pamela S. Schremp WHAT YOU WILL LEARN Program Chair Program Vice Chair n Consistent themes and strategies employed by plaintiffs in claims around the country, and how to confront and respond to them n Latest developments in treatment of the clinical challenges facing long-term care Ted J. McDonald III Todd W. Smyth providers, and how that knowledge can Committee Chair Committee Vice Chair enhance defense strategies n What motivates juries and drives high plaintiff verdicts, and what to look for when selecting a jury n How, where and from whom to obtain Stephen O. Plunkett valuable information and testimony, Law Institute and how to prepare and manage witnesses, including front-line caregivers, managerial Presented by DRI’s staff, medical directors and experts Medical Liability and Health Care Law Committee This seminar brochure is sponsored by
3 SEPTEMBER 20–21, 2012 10:00 a.m. Refreshment Break P R O G R A M S C H E D U L E Sponsored by Rendigs Fry Kiely & Dennis LLP Cincinnati, Ohio WEDNESDAY, SEPTEMBER 19, 2012 10:15 a.m. The Latest in Falls and Fall Prevention 6:00 p.m. Registration When treatment goals include maximizing 6:00 p.m. Networking Reception mobility and minimizing restraint, falls are a serious risk for long-term care patients, and fall Sponsored by Bleeke Dillon Crandall PC prevention is a significant challenge. Our clinician Indianapolis, Indiana presenter will analyze current fall prevention Boehl Stopher & Graves LLP techniques and suggestions, demonstrating that falls can be unavoidable, notwithstanding conscientious care planning and attentive care. THURSDAY, SEPTEMBER 20, 2012 Elizabeth E. Hill, Ph.D., RN , Hill Nurse Consulting LLC , Woodstock, Maryland Boarding Pass Kiosk Sponsored by Adam & McDonald PA 11:10 a.m. Established and Emerging Corporate Veil Strategies Internet Café The trend of establishing single-owner, modestly Sponsored by Litigation Management Inc. insured nursing facilities has provoked a Mayfield Heights, Ohio resurgence of efforts by plaintiffs to put pressure on corporate owners by piercing the corporate veil 7:00 a.m. Registration and/or alleging personal liability on the part of officers, directors and members of the governing 7:00 a.m. Continental Breakfast body. This presentation will summarize current Sponsored by Fudge & McArthur PA and emerging strategies for imposing personal liability, and highlight successful defenses. 7:00 a.m. First-Time Attendees Breakfast Caroline J. Berdzik, J.D. , Care One LLC , Fort Lee, Ted J. McDonald III , Medical Liability and Health New Jersey Care Law Committee Chair 12:00 p.m. Lunch (on your own) 8:00 a.m. Welcome and Introduction 1:15 p.m. Voir Dire and Jury Selection in a Long-Term Care Case Stephen O. Plunkett , Bassford Remele PA , Minneapolis, Minnesota Dr. James, an attorney, clinical psychologist and jury consultant, will conduct a voir dire with Ted J. McDonald III , Adam & McDonald PA , the audience that establishes rapport, activates Overland Park, Kansas attitudes and beliefs that dispose jurors to the J. Richard Moore , Bleeke Dillon Crandall PC , defense arguments on the major issues and Indianapolis, Indiana identifies jurors who should be challenged. He will demonstrate effective lines of questioning, 8:15 a.m. The Year in Long-Term Care Litigation explain the reasoning behind them and show the This introductory session will review recent reactions of mock jurors on whom the voir dire developments, including legal decisions affecting has been tested. the enforceability of arbitration agreements, the Philip James, J.D., Ph.D. , Trial Solutions Inc. , status of class actions in nursing home litigation Wappingers Falls, New York and noteworthy jury verdicts. Julie M. Bargnesi, J.D., RN , Damon Morey LLP , 2:10 p.m. Death and Dying/Failure to Thrive Buffalo, New York Many residents enter a nursing home or long-term care facility in better physical and/or mental 9:10 a.m. Back to Basics: Falls, Wounds, Infection and Death condition than they leave it. Many do not survive, The majority of claims against long-term care and others experience a lengthy course of mental providers involve falls, wounds, infection and and physical deterioration. Dr. Hammond will death. Our experienced speaker will offer explain how the death and dying process naturally valuable tips to operators on how to prevent involves such deterioration, and how failure to these unintended consequences from becoming thrive can impede even the most rigorous efforts claims. Learn how an early investigation can help of nurses, aides and other providers. defend or quickly resolve these incidents when Mark L. Hammond, M.D. , Inpatient Physicians of they do result in claims. the Mid-South , Memphis, Tennessee Aaron S. Bloom , Fudge & McArthur PA , St. Petersburg, Florida 3:05 p.m. Refreshment Break Sponsored by Damon Morey LLP Buffalo, New York
4 NURSING HOME/ALF LITIGATION SEMINAR TRACKS A & B RUN CONCURRENTLY FROM 3:20–5:00 P.M. T R A C K A T R A C K B Litigation and Defense Nuts and Bolts Special Topics in Long-Term Care 3:20 p.m. Care, Feeding and Development of 3:20 p.m. Medical Departments and Nursing Home Testimony from Current and Former Staff Organization: Who Does What, What Employees Do They Know and How Can They Help Us? Frontline caregiver witnesses are the key Understanding our client and the to winning or losing long-term care cases. organization of the facility we are defending Mr. Bates will cover the range of issues is crucial in maximizing the defense of associated with preparing and developing claims. From the medical director to the testimony from aides and other caregivers, administrator to the department heads as well as the risks and challenges posed to the information technology staff, the by former employees whose testimony is individuals who manage and run the facility essential to the case. have potentially helpful information, as long as we know to ask for it. Reed R. Bates , Starnes Davis Florie LLP , Birmingham, Alabama Gail L. Brown, J.D., RN , Brookdale Senior Living Inc. , Milwaukee, Wisconsin 4:10 p.m. Defending the Elopement Case 4:10 p.m. Effective Use of Medical Directors, Consultants and Department Heads as Elopements present unique challenges for Witnesses long-term care providers. Ms. Kaufman will provide a synopsis of common elements in Medical providers at long-term care facilities elopement cases, examples of risk factors can serve as valuable resources concerning that can lead to elopements, and established residential care and facility operation. tactics for defending elopement claims. Conversely, poorly prepared providers can unknowingly wander into testimony that can Kathleen C. Kaufman , Rockwell & Kaufman damage the case’s defense. Mr. Beach will LLC , Mobile, Alabama offer tips for effectively preparing medical directors and other providers to give helpful testimony. David F. “Max” Beach , Perry Johnson Anderson Miller & Moskowitz LLP , Santa Rosa, California 5:00 p.m. Adjourn 5:00 p.m. Adjourn DRI is the largest international membership organization of attorneys defending the interests of business and individuals in civil litigation. Diversity is a core value at DRI. Indeed, diversity is fundamental to the success of the organization, and we seek out and embrace the innumerable benefits and contributions that the perspectives, backgrounds, cultures and life experiences a diverse membership provides. Inclusiveness is the chief means to increase the diversity of DRI’s membership and leadership positions. DRI’s members and potential DIVERSITY AND INCLUSION leaders are often also members and leaders of other defense organizations. IN DRI: Accordingly, DRI encourages all national, state and local defense organizations to promote diversity and inclusion in their membership and leadership. A STATEMENT OF PRINCIPLE
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