The Intersection Between Medical Malpractice and Hospital, Nursing Home, and Rehab Facilities

(1501 Ratings)

Produced on: September 21, 2015

Course Format On Demand Audio

Taught by

Categories:

Course Description

Time 93 minutes
Difficulty Advanced

As our medicine progresses and people age, the course of treatment becomes more complicated. Often, patients are not simply discharged home. More and more frequently, people are discharged to rehabilitation centers, skilled nursing homes, and long term acute care hospitals (LTACH). Understanding these facilities, including what they do and do not do, how they operate, and how they get paid, is important to properly represent your clients.

 

Join Stark & Stark’s Michael Brusca and David Cohen as they explain the interplay between these facilities, the various medical malpractice issues that may arise, and how to effectively represent a client in these matters.   

 

Learning Objectives:

I.    Recognize the differences between the types of facilities and how the facilities work with each other 

II.   Determine the negligent party 

III.  Identify what documents to look for in a medical record to quickly determine a patient’s status

IV.  Grasp how the regulations work within the various facilities   

Faculty

Michael A. Brusca

Davis & Brusca

Since 2009, Michael has focused the majority of his practice on representing vulnerable people and their families when there is abuse or neglect in nursing homes, assisted living facilities, group homes, and hospitals.

Michael knows how to go to trial when necessary. He was lead counsel on the Estate of Mary Dwyer v. Harborview, the largest nursing home verdict in the state of New Jersey – a $13.2 million dollar verdict in Hudson County. He received great training serving as an Air Force Judge Advocate, where he tried many cases all over the world in the United States, Japan, Qatar, and Kuwait.

As a specialist, he regularly lectures around the country and teaches other lawyers how to prosecute these claims. He’s been published many times, including in the New Jersey Law Journal and the national attorney magazine Trial.

Having lost his own family members in institutions, Michael has a certain level of understanding with all of his clients. He knows first hand what it’s like to see someone you care about struggling, and brings a specific passion to his work.


David R. Cohen

Cohen Abuse Analytics, 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

SH
Summer H.

Well balanced. Informative.

ES
edward s.

wonderful and informative

BA
Bridget A.

Excellent presenters, solid substance.

RG
Ruth G.

The best.

MS
Martin S.

very informative and I'm doing this 40 years

DL
Darrcy L.

Very well done and informative

MT
Mark T.

Thank you

VN
Vasiliki N.

Professional, insightful speakers.

CN
Clifford N.

Great job!

JH
Joanna H.

Excellent speakers

DK
Deborah K.

Great material.

BH
Bill H.

excellent presentation

EL
Elyssa L.

Really interesting information well presented.

DA
David A.

great course. really liked it I needed to learn this stuff. i will call these guys

DW
Derek W.

Excellent. Presenters were obviously very knowledgeable.

MS
Moshe S.

Clear & concise.

RH
Richard H.

Very impressive; would like to see even more and in more depth.

VE
Virginia E.

Very informative and useful materials.

JB
Jacqueline B.

Excellent learning experience.

MS
Matthew S.

Great course.

RB
Robert B.

very informative

SR
Sharyn R.

Absolutely excellent!

AW
Andrietta W.

Excellent presenters, knowledgeable, very informative, with good practical advice.

DG
David G.

Great stuff, Thank you

JG
JORGE G.

Definitely an excellent presentation!

SE
Steven E.

Excellent presentation by very knowledgeable faculty. After 30 plus years of handling these type of cases, I learned some new and helpful tips.

ST
Scott T.

The two speakers certainly knew their subject! I also appreciated learning more about how hospitals create their lists of LTACHs and nursing homes. Very helpful.

KB
Kara B.

Definitely an interesting topic that I've never heard much about but get occasional calls on.

BD
Benjamin D.

good

RC
Ralph W. C.

Excellent presentation - fascinating.

TR
tim r.

More interesting than I anticipated.

AF
arthur f.

good overview of medical malpractice cases with information from 2 practitioners who only do these cases.

TA
Thomas A.

Very Informative

LH
Linda H.

These two were really excellent. I have personal (not legal) experience in this area, but I still learned some very valuable information from this course.

EC
Eugene A C.

Well presented course with adequate reading notes.

PS
Paul S.

Excellent presentation

AP
Albert P P.

Excellent

AW
ALAN W.

great

EB
Erin B.

Very insightful discussion

SJ
steve j.

These guys are great!

CR
Christina R.

Great

RS
Robert S.

The tag team approach as carried out by these presenters was excellent.

MW
Michael W.

Informative course

HP
Hugh A. P.

Very informative

EC
Ellen C.

An excellent review of an area that, as a medmal attorney, I was not conversant in.

BS
Barbara S.

The speakers did a great job of explaining how to approach and analyze where, when and how a patient came to harm when in usually two or more institutions, with valuable practical guidance as to how to drill down and need to obtain regulations, surveys, reports, staffing levels, etc. (Invaluable to know just for personal life in possibly preventing harm coming to a loved one who has to be in one of these places.)

VJ
Virginia J.

Very informative presentation.

KB
Kenneth B.

good lecturers

DF
Danielle F.

Excellent! Very informative!

OS
Olimpia S.

Very informative

JW
Janine W.

Excellent presentation.

LP
Lawrence P.

Great!

PS
Peter S.

Excellent presenters! One of the best courses I've watched on Lawline.

SO
Stanley O.

Excellent course. Good materials and joint insights from actual cases/

TC
Timothy C.

Outstanding class. The attorneys are truly experts in this area.

DG
D. Larry G.

Learned a lot. Thank you.

JM
Joseph M.

Very useful presentation

CP
Caroline P.

Complicated topic with good advise from the presenters.

JM
Judith M.

Outstanding presentation -- excellent speakers and materials.

DD
Donald D.

Well prepared

TK
Thomas K.

Mike Brusca and Dave Cohen presented the seminar very well. They obviously are experience and no their stuff!!

JC
Joan C.

This was excellent..

HH
Hilde H.

Excellent program providing me with a first insight into this area.

AG
Andrew D G.

Very informative and well presented.

SG
susan g.

I thought this was one of the most outstanding programs I've seen on Lawline.

VO
Veronica O.

Fantastic program. Speakers were very knowledgeable and presented a tremendous amount of information in a clear and concise manner.

DD
Denise D.

Fabulous amount of information!

ED
Erika D.

Excellent course!

SD
Stephanie D.

Great

DJ
Deborah J.

Fantastic seminar. I highly recommend it. The attorneys were excellent. Sadly I knew notihing back in 2005 when my mom went into a nursing home. It's valuable information for all.

RR
Reginald R.

The instructors were great on this specific topic!

EE
Edward E.

One of the best

JT
James T.

Excellent speakers

SB
Suzanne B.

Enlightening, thank you.

GF
Gale F.

Top drawer!

AK
Alex K.

I thought the material was interesting and presented well.

SC
sara c.

one of the best in your offerings

DU
Dawn U.

interesting

RG
Robert G.

INTERESTING

JT
Judith T.

Excellent presentation. Both clearly know their field well. I thought this was the best Lawline course I have taken for this round of CLEs.

NF
Nathaniel F.

Excellent course

DB
Diane B.

great knowledgeable speakers

CL
charles l.

excellent faculty

CF
Cheryl F.

well done needed more time for this ambitious ""roadmap" kudos

DM
Diane M.

one of the best Lawline courses I've taken

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