My Experience

I have testified or reviewed cases in the following states.
(light green):

I have consulted or testified in cases involving these issues:

  • Pressure sore development, including stage IV severity, infection, Osteomylitis, missed treatments, assessment, and supportive documentation
  • Sexual misconduct, assault, and rape
  • Managing residents with disruptive, combative, violent, and medically non-compliant behavior
  • Falls resulting in fractures, lacerations, bruises, and debilitating injury. Evaluating the effectiveness of assessment, documentation, and resident supervision related to falls
  • Investigating, correcting, and reporting resident injuries and trauma of unknown origin, including repetitive incidents. Determining whether injuries and trauma of unknown origin were reported to the state agency as required
  • Providing and documenting resident ADL’s (activities of daily living)
  • Elopement and wandering injuries
  • Development of joint contractures, loss of mobility, and functional loss of extremities
  • Physical / chemical restraint use, including bed-rail strangulation, psychoactive drug use, adaptive equipment, positioning devices, and use of illegal restraining methods
  • Door alarm systems to prevent elopement, and personal alarm devices for preventing falls and mobility injuries
  • Involuntary seclusion and corporal punishment
  • Significant weight loss, dehydration, and malnutrition
  • Post-admission infections including sepsis
  • Post-admission invasive procedures; catheterization, feeding tubes, and IV’s
  • Burn injuries and death resulting from excessive hot water (scalding), and cigarette smoking.
  • Evaluating causative factors including resident supervision
  • Providing therapeutic and rehabilitative services
  • Medication omissions and errors, including failure to monitor medication and address harmful side effects
  • Pain assessment and clinical management
  • Hospice care
  • Obtaining, transcribing, and carrying out physician orders
  • Frostbite and cold injury arising from elopement
  • Ordering diagnostic testing, and addressing negative diagnostic results
  • Assessing and taking action when "significant resident condition changes" occur
  • Timely reporting of "significant resident condition changes" to attending physicians and resident representatives
  • Physicians: availability, timeliness of visits, communication with nursing staff, documentation, and treatment
  • Medical Director duties, responsibilities, and effectiveness
  • Resident supervision associated with a decline in health, injury, or death
  • Altercation, destruction, and falsification of resident records
  • Nursing assessment and judgment issues associated with resident trauma, injury, and death, especially emergency situations which warrant hospitalization
  • Care-giving staffing levels and use of temporary nursing agencies
  • Admission practices, representation of facility services, and level of care capability
  • Conducting criminal background checks and verifying employment references
  • Credentialing medical staff, clinicians, and outside practitioners
  • Employee training, orientation, and on-going in-service education
  • Providing adequate equipment, supplies, and a safe resident environment
  • Providing qualified staff, specialized equipment, and outside resources based on resident issues identified in the MDS (minimum data set) and care plans
  • Ownership / Governing Body: hiring competent Administrators, establishing reasonable budget expectations; and, affording Administrators the necessary day to day autonomy to operate the facility
  • Competency of Administrators, Nursing Directors, and facility staff
  • Federal / state survey violations resulting in actual harm, substandard quality of care, repeat deficiencies, immediate jeopardy, fines, and sanctions
  • Patterns of regulatory noncompliance
  • Implementing internal policies, procedures, and protocols
  • "Quality improvement" programs and initiatives
  • "Safety Program" programs and initiatives, including resident incidents and accidents
  • "Avoidable" versus "unavoidable" harm determinations based on Federal guidelines
  • Resident rights violations including the failure to address resident / family grievances
  • Breech of contract based on conveyances made in the facility admissions agreement
  • Filing a "false claim" based on facilities which bill for and receive Medicaid / Medicare reimbursement for residents who were abused and neglected
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