Nursing home cases are a lengthy process even when both parties cooperate. This is because nursing home cases usually consists of thousands of pages of documents and medical records that each party must review, and then conduct numerous depositions. Too often the nursing home’s litigation strategy is simply one of delay. When this happens, it is important that plaintiff’s lawyers take the necessary steps to move the case towards a resolution.
The best way for the plaintiff to move a case towards a settlement or trial is to serve written discovery with the complaint. This immediately puts the nursing home on notice as to what the plaintiff expects to receive through the discovery process and also starts the clock moving on the deadline to respond. This strategy is usually permitted in state courts. If, however, the case resides in federal court, the plaintiff should quickly conduct its Rule 26 Conference with opposing counsel so that the court will issue a scheduling order as soon as possible.
The most important thing to remember when trying to end delay and stall tactics is that the plaintiff’s attorney must meet all its deadlines. Similarly, when communicating with opposing counsel regarding tactics of delay, the plaintiff’s counsel should always draft correspondence believing that it will one day be attached to a motion before that court. For that reason, plaintiff’s counsel should always be professional and courteous no matter how defense counsel behaves.
Finally, a motion to compel is one of the most common and effective methods of responding to a nursing home’s delay tactics. This motion requests that the Court order the nursing home to produce the requested documents or respond to the written interrogatories. If the nursing home fails to abide by the court’s order after a motion to compel then plaintiff’s counsel should consider requesting that the court issue monetary or other sanctions.
Nursing home negligence claims involve many complex legal and medical issues. Having the right attorney is essential to recovering what you deserve. Our Kansas City nursing home abuse law firm will do everything possible to assist you in obtaining the maximum compensation you deserve. More importantly, our Kansas City nursing home abuse law firm will serve as an ally that will give you and your family the respect and compassion it needs. Contact us for your free consultation today.