Who to Depose in a Nursing Home Negligence Case

Depositions are a crucial aspect of a nursing home negligence claim. Depositions provide an opportunity to test and probe the nursing home’s sworn explanation of the circumstances leading to the injury. Depositions also lock staff and administrators into a position on a topic, thus providing impeachment material if the witness seeks to change his or her testimony at trial. Put …

Responding to Defendant’s Delay Tactics in Nursing Home Litigation

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 …

Request for Production of Records

Access to the proper records and documentation is key to any claim of nursing negligence. State and federal court rules of civil procedure allow plaintiffs to issue a Request for Production of Records after they file their Petition for Damages. Doing so allows the plaintiff to access documents he or she may not already possess. Some of the most common …

Pre-Suit Discovery in Nursing Home Litigation

In nursing home litigation, it is essential to gather as much information as possible from the facility. This means demanding every document and record that the home is willing to provide before filing a lawsuit. Nursing homes are required by law to maintain many records that can provide insight into the case. While they may be slow to produce these …

Motions to Expect from Defense Counsel in a Nursing Home Negligence Case

It is essential that plaintiff’s attorneys are aware of the motions defense counsel will bring to delay and distract the case from moving forward. The two most common motions are a motion to dismiss and a motion for protective order. Plaintiff’s counsel must remember that just because the defendants file these motions does not mean they will succeed. Often times, …