Malpractice in Nursing Homes/Legal Aspects in Nursing Home Care

Recorded Wednesday, October 25, 2017


Jonathan M. Evans, MD, MPH, CMD


This program will discuss various legal and regulatory issues of importance to practitioners in post-acute and long-term care settings. Practitioners are often fearful of lawsuits, lawyers, laws and regulations that may affect them. This fear discourages practitioners from being their best and often results in counterproductive defensive behaviors. This session will dispel fears, misconceptions and rumors that negatively affect practitioners and patient care. A framework for understanding important legal and regulatory issues is provided along with specific approaches to improve communication as well as patient, family, practitioner, payor, and regulator satisfaction.

Learning Objectives:

  • Understand basic concepts of malpractice and negligence and why practitioners may or may not become involved in a lawsuit, in order to be less fearful of patients, families and others and avoid practices and behaviors that are counterproductive.
  • Understand important concepts and aspects of the Medicare and Medicaid Requirements of Participation for practitioners in order to immediately improve knowledge, attitudes and performance.
  • Understand the history and spirit of nursing facility regulation and the survey process, in order to minimize frustration, assist facilities in regulatory compliance, and participate effectively in the survey process.
  • Develop a working knowledge of federal laws important to nursing facility residents such as the Patient Self Determination Act, HIPAA, and the Elder Justice Act, and dispel common misconceptions among health care practitioners, in order to more effectively advocate for patients across the continuum of care.


1.5 CME, 1.5 CMD management

CME/CMD Credits available until October 2020


Member Non-Member


Speaker Biography:

Dr. Jonathan Evans is a specialist in PALTC Medicine as well as internal medicine, geriatric and palliative medicine practicing in Charlottesville, Virginia. He is a medical director of two skilled nursing facilities, has taught Aging and the Law at the University of Virginia School of Law for 15 years, and is Past President of the Society. He has worked closely with the Society, government agencies, provider organizations and consumer groups to improve the quality of care for all the people we care about, promote a highly qualified workforce, and help people (patients, colleagues, families, regulators, other advocates, etc.) to feel better and feel valued.

Speaker Disclosures:

All members of the education and online education committees have no financial relationships to disclose. The speaker has no financial relationships to disclose.