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Many juries have been very receptive to giving large awards in nursing home malpractice or assisted living cases where the plaintiffs tend to have significant pre-existing conditions and limited, if any, monetary damages.  The reality is that many long term care facilities throughout the country  are providing substandard care and the litigation of these cases touches a nerve with many jurors who can identify with these helpless victims of neglect. In this program, attorneys Jeffrey Downey and Brad Kelly address the different legal issues that may arise when an individual has loved ones in long-term assisted living care or nursing homes. This program begins by addressing the history of nursing home and assisted living facilities litigation and then proceeds to discuss the most common theories of liability against nursing homes and assisted living facilities. Mr. Downey and Mr. Kelly also address key documents and pieces of evidence that an attorney should pay careful attention to as they generally assist in supporting a case against the facility or nursing home. Furthermore, the presenters explain issues such as a victim’s initial condition and how to weave a case around possible counterclaims or defenses from the other party.

Agenda
I. Overview and History
II. Theories of Liability
III. Other Areas of Injuries
IV. Breach of Contract Theory
V. Additional Factors That May Affect Your Case