Recognizing and Combating Standard Defenses In A Nursing Home Case

One of the most favored and frequent defensive maneuvers employed by defense counsel in an attempt to exonerate a nursing home is the full scale attack upon the credibility of the family or responsible party for the resident/victim [hereinafter referred to as the family or plaintiff]. In advancing this position during the investigative and deposition phases of the case, defense counsel will frequently and specifically inquire into the subjects identified hereinbelow. The testimony provided by plaintiff in response to these inquiries will ultimately provide defense with the underpinnings for the argument that “plaintiff has fabricated, fantasized and exaggerated and therefore is not to be believed.” The ground work for implementation of plaintiff’s and defendant’s plan of attack in a nursing home case is laid during the investigative and pre deposition phases of the litigation. Accordingly, this article will deal with key points and preparatory decisions which will ultimately influence plaintiff’s battle position on the field of play.
Below is a comprehensive attack plan by the defendant nursing home consisting of: (1) the predicate testimony sought by defendant and necessary to launch the assault; (2) the simple formula defendant will attempt to employ in attacking the family’s credibility; and (3) exemplars of final argument by defense counsel designed to exploit this testimony.

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