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Table of Contents

Read the preface (pdf)

This is the essential reference for every nursing home case.

The best selling primer on nursing home litigation is back - bigger, and better. The new second edition has been extensively updated and adds ten all new chapters for a total of 23. The authors have applied their unique skills as attorneys, physicians, nurses, pharmacists, administrators, claims adjusters, and expert witnesses to bring you current information that will help you litigate these claims. Descriptions of recent nursing home settlements and verdicts are woven into the book. Find out who is winning these cases, based on over 250 allegations made in claims that were resolved in 2001-2003. If you handle nursing home claims, you cannot afford to be without this book.

Written for the trial attorney, healthcare professional, and claims adjuster, this book provides detailed information on how to litigate a nursing home claim. Each section of this valuable text is designed to fully explain this hot topic in healthcare. The book starts with an overview of legal strategies with a focus on screening cases for merit, discovery techniques, and the role of the legal nurse consultant. The emerging area of liability in assisted living and pain mismanagement is included. It continues with coverage of liability issues (causes of action, providers, and settings). The last section is dedicated to presenting the defense perspective from the standpoint of the physician, attorney, and claims adjuster. By combining the legal information in the first section with the high risk liability issues covered in the second section, this book becomes a must read for any attorney involved in nursing home or assisted living claims, or any nursing home administrator.

New topics of this second edition include:

•  Inside assisted living facilities
•  Wandering and elopement
•  Skin trauma
•  Infections
•  Medical defenses
•  Pain (Mis)management
•  The claims adjuster’s perspective
•  Tampering with medical records
•  Nursing home liability and its consequences (greatly  expanded chapter)
•  Inside the Nursing Home (greatly expanded chapter)

Key concepts are highlighted throughout the book, and several chapters include extensive bibliographies of essential sources of information.

Ms. Iyer, a medical/surgical nursing expert and president of a legal nurse consulting firm, has assembled an outstanding group of legal, medical and administrative practitioners with decades of experience in nursing home litigation. She has carefully edited their contributions, and contributed three chapters of her own.

This is a legal and medical reference that no attorney or expert involved in a nursing home case can be without.

Read about reasons for increases in nursing home litigation.

Review for the first edition:

"Screening cases that may appear at an attorney's office is critical. The book is especially valuable in its discussion of theories of recovery; guidance for defending nursing homes and this use of expert witnesses. The book is also an excellent resource for those serious litigators who decide to move into the area of nursing home litigation and who are not familiar with its complexities. Although not addressed to non-litigators, they will benefit from the book. Nursing Home Litigation: Investigation and Case Preparation will be a useful and practical addition to the library of the nursing home litigator as well as the elder law attorney."
-- Jonathan W. Reich, Esq, NAELA News, Nov/Dec 1999

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