Review By: Jesus C. Q. Garza, Wisconsin Lawyer - May 1, 2002
This book is the companion volume to Nursing Home Litigation: Investigation and Case Preparation and is the second in a planned series of three on this topic. The editor and contributing author of this book, Ruben Krisztal, is an attorney with more than sixteen years of experience in litigating nursing home cases. Equally telling, however, is the range and depth of experience of the other sixteen contributing authors not all of whom are lawyers. It is this collection of experience that gives this book its strength.
Written for the practicing attorney, this book taps into the vast pool of know-how from nationally known coauthors who are well-versed and well-tested in the finer points of litigating a nursing home case. The book is arranged logically and sequentially, beginning with the demand letter and going all the way to a discussion on settlement strategies. This aspect gives the relatively new nursing home litigator a practical step-by-step process to follow. The book also has enough substance to assist seasoned trial attorneys.
Certain chapters provide a nice refresher on basic litigation techniques and address specifics on dealing with the elderly. Some chapters have stand-alone tips segments that provide important information that even veteran attorneys can easily overlook. One such tip in the chapter on handling older witnesses gives a list of do's and don'ts of communicating with a hearing impaired older witness. These tips are helpful, if not for their direct usefulness, then for the way they can help the reader better understand the complexities of dealing with nursing home cases.
Other chapters provide significant and substantive treatment to issues of which all nursing home litigators should take notice. For example, 50 pages are devoted to the chapter on preparing and using demonstrative evidence. This book is an excellent reference for attorneys currently involved in litigating nursing home cases. It is a "must-have" for attorneys new to nursing home litigation or litigation involving other adult assisted living facilities.