| Elder Law Institute VI
Protecting Elders Through Nursing Home Litigation
Cosponsored with the Massachusetts Chapter of NAELA and the Massachusetts Academy of Trial Attorneys
Please Note: This course has already
been held.
Date: Friday, March 24, 2000
Location: Suffolk University Law School, 120 Tremont St., Boston, MA
Time: 09:00 AM - 05:00 PM
Faculty
Schedule/Agenda
Registration Information
Unable to attend but are interested in the course materials?
Purchase Here! |
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If you are a trial attorney, do you know about the available strategies to protect elder clients' awards or settlements?
If you are an elder law attorney, are you aware of how to evaluate whether your client might have a potential negligence claim against a nursing home?
Elder law attorneys are likely to be the first to encounter instances of abuse or neglect in nursing homes or unfair denials by HMOs and insurers of necessary treatment. Since few elder law attorneys are litigators, most need to involve trial attorneys to pursue such claims. For their part, trial attorneys are increasingly relying on elder law attorneys to identify such cases, determine appropriate standards of care and even to protect settlements and judgments from Medicaid and Medicare liens.
Protecting Elders Through Nursing Home and Managed Care Litigation is the first program to address all these areas of mutual concern: particular standards of care, how to screen cases which merit litigation, evidentiary problems in pursuing such claims, ways to preserve recoveries and the vital issue of how to overcome managed care's bias against elders' rights to vigorous treatments. This Institute is predicated on a belief that elder law and trial attorneys have much to learn from each other.
Those who attend Elder Law Institute VI draw on the unique skills and knowledge of both trial and elder law attorneys in this burgeoning field of litigation. You benefit from substantive knowledge on how to protect client's rights as well as a unique opportunity to network with your colleagues.
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Mary Kathleen Nealon
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Nealon & Nealon, Hopkinton, MA |
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Ian S. Oppenheim, Esq., CELA, Chair
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Oppenheim & Maire, LLP, Halifax, MA |
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Clyde D. Bergstresser
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Bergstresser & Associates, P.C., Boston |
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Robert N. Bua
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National Elder Care Referral Systems |
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Joyce M. Collins
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Haddleton & Collins, PC, Hyannis |
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Warren F. Fitzgerald
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Meehan, Boyle & Cohen, PC, Boston |
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Joanne C. Locke
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Moquin & Daley, Boston |
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Mary E. McKenna
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Executive Office of Elder Affairs |
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Scott Plumb
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Massachusetts Extended Care Foundation |
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Stephen S. Rosenfeld
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Rosenfeld & Associates, PC, Boston |
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Neil Sugarman
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Sugarman & Sugarman, PC, Boston |
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Deborah H. Thomson, Esq.
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MLRI, Boston, MA |
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Valerie Yarashus, Esq.
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Meehan, Boyle, Black & Bogdanow |
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William J. Brisk, Esq.
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Law Office of William J. Brisk, Newton |
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Neal A. Winston, Esq., CELA
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Moschella & Winston, LLP, Somerville, MA |
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Emily S. Starr, Esq., CELA
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Starr Vander Linden LLP, Fitchburg and Worcester |
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Alex L. Moschella, Esq.
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Gosselin, Moschella, Kyriakidis & Tedesco PC |
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Leslie S. Madge, , Esq., CELA
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Leslie S. Madge, PC |
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| S C H E D U L E / A G E N D A |
| 9:00 |
Welcome & Introduction |
Emily S. Starr and Warren F. Fitzgerald
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| 9:10 |
Regulatory Enforcement & Standards |
- What systems exist to rate and evaluate nursing homes and are they effective?
- Who surveys and Inspects Nursing Homes?
- OBRA ‘87 Nursing Home Reform Act and patient’s rights
- What information exists to evaluate nursing homes?
- Potential remedies if the nursing home is substandard
- What are the available enforcement tools and how can you turn those to your client’s advantage?
Alex L. Moschella, Robert N. Bua, Mary E. McKenna, Scott Plumb & Deborah H. Thomson
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| 10:10 |
Screening Claims for Negligence & Abuse |
- Standards of care in nursing homes
- Negligence theories
- Difficult client issues
- Challenges in collecting damages
- Nursing homes’ dual function and record keeping
- Need for geriatric experts
Ian S. Oppenheim, William J. Brisk & Joanne C. Locke
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| 11:20 |
Anatomy of a Nursing Home Case |
- Cases handled and taken to trial
- Potential sources of evidence to establish breach of standard of care
- The use of expert testimony
- Overcoming defenses
Mary Kathleen Nealon, Clyde D. Bergstresser & Neil Sugarman
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| 12:30 |
Luncheon & Roundtable Discussion |
- How can elder law attorneys and litigators work together to protect their clients?
- What makes an effective referral?
- At one point should elder and trial attorneys contract
- Who draft estate planning documents and what is needed?
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| 2:00 |
How to Deal with Incompetent and Minor Plaintiffs, Public Benefits and Other Preservation of Settlement Issues |
- Management of settlements through trusts
- Coordination with public benefits
- Settlement and post-settlement taxation issues
- Court approval for the incompetent or minor plaintiff
- Public benefit liens
Joyce M. Collins, Emily S. Starr and Neal A. Winston
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| 3:30 |
HMOs and Managed Care Denials - Administrative and Litigation Strategies |
- Why senior citizens suffer under managed care more than most other groups
- The details and impact of financial incentives on health care received by senior citizens, and the admissibility of that information
- The impact of ERISA and charitable immunity and the best strategies to get around these hurdles in medical malpractice cases
- How to determine the most appropriate and viable defendants under current law.
Leslie Sleeper Madge, Stephen S. Rosenfeld & Valerie A. Yarashus
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| Date: |
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Friday, March 24, 2000 |
| Tuition: |
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$199; $161 for attorneys admitted since 1997 and members of NAELA or MATA. Tuition includes course book, continental breakfast & luncheon.
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| Walk-Ins: |
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Space is limited. Registrations at the door are welcome, but please register in advance to reserve a seat and your written course materials or call to confirm space availability.
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| Refunds: |
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Any cancellations received 24 hours prior to the program will be granted a refund, minus a $15.00 charge. If you cannot attend, you can send a substitute, otherwise you will receive the written course materials.
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| Location: |
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Suffolk University Law School, 120 Tremont St., Boston, MA
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| Credit: |
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Approved for CLE Credit in RI, NH, VT & NY.
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Special
Needs: |
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If you have special needs addressed by the Americans with Disabilities Act, please notify us as soon as possible.
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Directions to the Law School.
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Unable to attend but are interested in the course materials?
Purchase Here! |
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