Deposing a Nursing Home's Director of Marketing and Admissions: Goals, Key Topics, Exhibits, Handling Objections

The top responsibilities of the DOMA at a nursing home include to "optimize the admissions process," "create a steady stream of qualified admissions," and "explain facility philosophy, policies, and procedures" to potential residents and referral sources. DOMAs are under increasing pressure to fill every bed in a very competitive market. A deposition that shows that life as described by the DOMA does not match everyday reality can be a powerful tool.

The person in this position is intimately aware of not just the specific facility's financial goals and challenges, but those of related and parent companies as well. This person can help counsel put the pieces together about how the company operates and about its budget and any lack of funding for staffing and training. The DOMA can be a key witness for establishing or avoiding institutional liability for patient injuries.

Listen as this panel of nursing home litigators offers guidance on preparing for and conducting depositions of DOMAs in nursing home injury cases and shares useful insights on the strategic use of these depositions at trial and during settlement negotiations.

1. Purpose of the deposition
2. Topics to cover
3. Key documents to request
4. Objections to deposing marketing director
5. Techniques and strategies to prepare for and take the deposition

The panel will discuss these and other key issues:

• What topics should attorneys explore?
• Is the testimony binding on the company?
• How does the testimony of the DOMA hinder or advance the "dollars over patients" theme?