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Navigating the Ethical Minefield of Nursing Home Litigation

(966 reviews)

Produced on October 25, 2018

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$ 59 Ethics and Personal Injury and Negligence In Stock
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Course Information

Time 61 minutes
Difficulty Intermediate

Course Description

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.


Learning Objectives:

  1. Manage the interrelationship between RPC 4.2 and former employee testimony
  2. Walk the fine line between damage control and witness tampering for the defense
  3. Handle family issues and determine who is the real client and managing intra-familial disputes
  4. Properly report, dispute, and pay all forms of liens
  5. Address the issue of non-disclosure agreements in releases, weighing competing duties between present and future clients


Credit Information

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Faculty

David Cohen

Cohen Abuse Analytics Law, LLC

Certified by the Supreme Court of New Jersey as a Civil Trial Attorney.  

Decades of legal advocacy for consumers in obtaining nursing home negligence settlements and litigation for those harmed by Corporate Abuse Committed by the Nursing Home Industry.

Litigation Support and Consultation for attorneys litigating against the Long Term Care Industry. Register for one of Cohen's Continuing Legal Education Programs on Nursing Home Litigation - 93 minutes.

Advocacy for Consumers through third-party tort litigation and legal malpractice lawsuits who have been harmed by excessive divorce costs and other harms resulting from malpractice and Divorce Attorney Billing Abuse.

Specialized Client Representation and Attorney Instruction:

Elder Abuse and Assisted Living Facility Litigation

Group Homes

Hospital Abuse

PROFESSIONAL ASSOCIATIONS:

Member, New Jersey State Bar Association

Past Chair of Public Education, Mercer County Bar Association

Past Chair of the National Nursing Home Litigation Group of the American Association for Justice 

Past National Chair, American Association for Justice – Sections and Litigation Group Coordination Committee

Chair of over 35 National and State level instructional attorney seminars on Nursing Home Litigation through the American Association for Justice, The New Jersey Association for Justice, The New Jersey Institute for Continuing Legal Education - and others.

BAR ADMISSIONS:

New Jersey

United States District Court, District of New Jersey

United States Court of Appeals, Third Circuit

EDUCTATION:

J.D., Rutgers University School of Law – Camden, 1989

B.A., Economics and Philosophy; George Washington University, 1986

BACKGROUND:  

TRIAL  

Co‑counsel on trial team generating the largest nursing home verdict in New Jersey history, Dwyer v. Harborview – in the amount of 13.2 million dollars.  

After hearing 7 weeks of evidence and witnesses, which included photographs of stage IV pressure ulcers (bedsores), evidence of lethal levels of nutritional deprivation, plaintiff’s contentions of falsifications in the medical record and plaintiff’s contentions of inadequate staffing and care, the jury returned with the largest verdict in Hudson County history. Immediately following the verdict, numerous post-verdict filings were made by both the plaintiff and the defense. Over one year after the verdict, the trial judge determined that it had given improper instructions to the jury, as a consequence of the opinions expressed in the text of an unrelated decision released on a different case (that had not been released until nearly a year after this verdict). However, the content of the instructions at issue in Dwyer were agreed upon by Plaintiff, the defense and the Court itself. The Court ordered the parties to re-try the case. Soon, the case found its way before the Appellate Division (a higher-level court), with Plaintiff’s contention that the trial court’s instructions were proper, were wholly in line with the as-yet unreleased and unrelated decision and were unassailable by virtue of the fact that they were acceded to by the defense. 

For those reasons, Plaintiff’s filing with the Appellate Division demanded that the $13,200,00 verdict remain intact. 

While that issue was pending in the appellate court, the case resolved confidentially for an undisclosed sum. 

The verdict was the subject of an intense two-day attorney instructional seminar in Washington, DC, co-chaired by Cohen, numerous local and national articles, received coverage on the front page of the New York Times and remains the largest nursing home verdict in New Jersey History.

INVESTIGATION WITH U.S. ATTORNEY’S OFFICE  

Worked directly with the United States Department of Justice on the matter of United States v. Mercer County. This is the only CRIPA (Civil Rights of Institutionalized Persons) claim ever brought by the United States Government against a New Jersey Nursing Home. Cohen worked closely with both investigators and the U.S. Attorney’s Office - on a confidential basis prior to release of findings - in uncovering sub‑standard conditions at a facility known then as the Mercer County Geriatric Center. The coordinated effort resulted in not only a lawsuit filed by the United States against Mercer County Geriatric Center, but additionally the appointment of significant oversight – leading to higher quality care for the residents at that facility.  



Reviews

KR
Karen R.

What an enthusiastic, high-skilled and knowledgeable presenter. This is an area I knew almost nothing about and he made it understandable and relatable.

EP
Elayna P.

This speaker was excellent and knowledgeable.

AG
Amy G.

Easy to listen to. Pleasant manner.

SH
Stacey H.

Very well done

CC
Carrol C.

Very interesting and thorough presentation.

AS
antonio s.

Excellent presenter.

PG
Paul G.

Thank you!

CS
Carolyn S.

Really interesting topic that I didn't know much about hefore.

SS
Sharon S.

Great job!

AN
Anna N.

He was very clear and easy to understand.

AP
Annette E. P.

excellent!!

PS
Pamela S.

Excellent presentation.

WD
William D.

Really good balanced presentation. I am a health lawyer and I learned a lot.

HS
HENRY S.

Best one yet!

GL
Gina L.

Out of all of the speakers in this bundle I found him most engaging and easiest to listen to.

SG
Steven G.

Excellent

KP
Katherine P.

very well presented - good information

TT
Timothy T.

very comfortable speaker. excellent written notes. easy to read

CL
Cathy L.

the speaker was excellent

JG
James G.

One of the best and most informative courses I've taken!

TH
Tom H.

One of the rare CLE courses which I wish had been longer. Great perspective on both plaintiff and defense attorney issues, as well as a deep dive into ethical matters..

RW
Robert W.

Great Ethics CLE. Real life issues, real life scenarios well presented.

LA
Lawrence A.

Great presentation of these ethical rules. Although I don't practice in this area, these topics arise in any litigation where you are looking for that former employee, etc.

GW
Gaston W.

So refreshing to hear a practitioner who is knowledgeable, reasonably aggressive, and totally ethical. Great job Sir. JGBW

SG
Savery G.

excellent presentation and practical advice -- with clear references to ethical briar patches of possible violations

LJ
Lawrence J.

One of the best. I rate most with 4s but this is a 10.

FN
Frederick N.

Very good.

MD
Michael D.

Best presentation yet of the course I've taken.

MK
Mark K.

Great program! I don’t practice in this area and had never thought of a lot of these issues before.

PR
Patrick R.

Good program. Well thought out and presented.

TB
Todd B.

Really enjoyed the presentation

DL
Douglas L.

Easily one of the best MCLE courses @ LawLine

RN
Robert N.

excellent

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