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As the assisted living paradigm continues to grow in complexity, so does the need for providers to be aware of the litigation pitfalls that exist in this evolving social/residential service delivery model. This presentation will review some of the more problematic legal areas facing managers and administrators in assisted living, including communication with families, managing expectations, documentation of difficult issues, as well as managing acuity level increases across the resident population. Participants will be provided with practical tools and strategic insights to deal with these problematic situations that often lead to litigation.
• Attendees will learn to recognize family dynamics that most often lead to litigation.
• Attendees will be provided with documentation skills to protect themselves and their institutions from litigation.
• Attendees will be advised of how acuity level increases can provide dangerous fodder for litigation, and given tools to proactively deal with family expectations.
Diane C. Fernald RN, MBA, JD Biography-Attorney Fernald is a partner with Morrison Mahoney, LLP, practicing mainly in long term care malpractice defense, pharmaceutical mass tort litigation, and health care law. Attorney Fernald spent twenty years in the practice of nursing, nursing administration and nursing home administration in area hospitals and long term care facilities. After obtaining her law degree from Western New England College School of Law, Ms. Fernald entered the practice of law defending medical malpractice cases. In addition to litigation in long term care cases, Ms. Fernald provides legal counsel in varied areas of health care, employment and regulatory issues to nursing home and assisted living companies, and consults with insurers in mass tort pharmaceutical cases. She is married with two adult daughters and makes her home on the Connecticut shoreline.
• Corporate Clinical Administrators
• Executive Directors
• Resident Care Directors
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Length: 90 minutes
Originally recorded on 11-4-10