Nursing Home Injury Litigation: Common Claims, Medical Records and Damages Assessment Photo by Irwan iwe on Unsplash Counsel bringing nursing home injury claims must understand the statutory, regulatory, and established common law standards of care applicable to nursing home residents and governing patient care. The most common nursing home injuries--pressure sores, severe malnutrition or dehydration, physical and chemical restraints, elopement, falls, improper medication, and abuse--involve different approaches. Medical records, discovery, and damage assessment present unique challenges to counsel. Listen as our authoritative panel of practitioners provides an overview of nursing home laws and regulations, discusses common types of injuries, covers how to handle medical records and other discovery issues unique to these cases, and reviews how to assess damages.   Subjects What are the key steps to develop a claim involving injury to a nursing home resident?What evidentiary and discovery challenges are present in [...]

Discovery on Discovery: Disputes About a Litigant's Efforts to Search for, Locate, Preserve, and Collect Responsive ESI Much is written about the expectation of cooperation between parties in litigation. And while cooperation is required in the discovery context, litigants have no transparency requirement on how they respond to discovery requests. Counsel should be vigilant in recognizing improper attempts by another party to extend the concept of discovery by demanding transparency.Most courts will not permit discovery on discovery in the absence of a showing that the responding party acted in bad faith or unlawfully withheld documents. Indeed, courts have routinely denied requests for discovery on discovery based on the requesting party's "mere speculation" that the responding party has acted improperly in responding to discovery.A requesting party may support a request for discovery on discovery by demonstrating an adequate factual basis, including inconsistencies with the responding party's production, deposition [...]