Navigating the Ethical Minefield of Nursing Home Litigation
Created on October 25, 2018
As if managing the medicine, nursing standards, and thousands of pages of OBRA regulations isn’t enough, nursing home litigation presents a literal minefield of ethical quandaries and challenges. From initial case retention to litigation and eventual settlement, there are ethical issues abound. If these issues are not carefully addressed, violations are inevitable.
Learning how to screen, build, and resolve a claim involves three-dimensional analysis of the intersection of frequent tensions found between our clients’ best interests and the constraints contained within the RPC’s.
There is a way to have it all, so long as the intensive, pre-emptive work is done. Join attorney David Cohen for this discussion on nursing home litigation, where knowledge, anticipation, and hard decisions (along with direct confrontation of these challenges) will allow the practitioner to sleep well at night - while doing right by their clients.
- Manage the interrelationship between RPC 4.2 and former employee testimony
- Walk the fine line between damage control and witness tampering for the defense
- Handle family issues and determine who is the real client and managing intra-familial disputes
- Properly report, dispute, and pay all forms of liens
- Address the issue of non-disclosure agreements in releases, weighing competing duties between present and future clients
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