“I love doing that kind of work. I think it really can make a big difference, one, in the lives of people, and then two, in holding wrongdoers accountable.”
In this episode of Voices of NCAJ, host Amber Nimocks speaks with Carma Henson, one of the four panelists for NCAJ’s Medical Malpractice “Back to the Basics” CLE. Carma is a partner at Henson Fuerst, where her practice focuses on nursing home litigation. She currently serves as NCAJ’s Membership Vice President and the Vice Chair of the American Association of Justice’s Nursing Home Litigation Group.
Carma highlights some of the fascinating topics she and her fellow panelists will cover at the Medical Malpractice “Back to the Basics” CLE on January 26, 2024. From corporate negligence to discovery issues and immunity statutes, Carma previews a wide variety of recent trends in nursing home litigation. Don’t miss out! The CLE takes place in-person at the NCAJ headquarters in Raleigh and is also available virtually. Register at ncaj.com/events.
🎙️ Featured Guest 🎙️
Name: Carma Henson
Connect: Henson Fuerst | LinkedIn
💡 Episode Highlights 💡
[01:41] “Back to Basics”: Carma previews what one can expect to learn at the Medical Malpractice “Back to the Basics” CLE, including updates in the practice area of nursing home abuse and neglect.
[03:06] Holding Wrongdoers Accountable: Soon after starting at Henson Fuerst, with the guidance of mentor Bob Fuerst, Carma began working on nursing home neglect cases, giving her the chance to make a significant difference in peoples’ lives.
[05:11] Providing a Broad Overview: Instead of the traditional CLE structure with narrowly focused presentations, the “Back to the Basics” CLE will cover a wide variety of topics from multiple perspectives, such as case selection, expert retention, investigation, and corporate negligence
[08:21] Power of the Purse: Corporate negligence, a frequently litigated issue in Carma’s cases, often involves financial decisions from higher up that prevent nursing home employees from giving their patients adequate care.
[11:18] Siphoning Money Means Inadequate Care: One of the most concerning recent trends in Carma’s practice is that nursing homes are hiding their money by directing it to other higher level corporate entities instead of using it to adequately staff their facilities.
[13:12] Finding the Hidden Gem in eDiscovery: Discovery can be challenging, but you have to know what to ask for and you cannot take no for an answer because you might end up striking gold with email discovery that demonstrates the level of control (and therefore neglect) coming from the top.
[15:36] A Mountain of Emails: Achieving success through email discovery involves knowing the topics you want to look for while also realizing that when you ask for a bunch of emails, you might be overwhelmed by the production.
[17:26] The Move to Simultaneous Designation: Instead of the traditional staggered approach to discovery scheduling orders, many med mal lawyers are now moving the court for simultaneous designation to even the playing field between plaintiff and defendant.
[19:08] The Pitfalls of Litigating Immunity: Statutes giving broad immunity to health care providers giving care related to Covid-19 were revoked in August 2022, but their effects are still being felt in the nursing home and medical malpractice sphere.
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