Isn't it remarkable how there are certain types of cases that necessitate entire practice areas in law? Inevitably, these are cases that involve some mixture of abuse, neglect, exploitation, or all of the above. And sadly, nursing home abuse is one of these areas. When Kristen Lojewski happened into this field in 2021, she recognized that as much as she had been personally impacted by such a case, she could use that emotion to deeply understand and empathize with her clients' situations and indignation. Repeated falls often go ignored until a resident suffers a major injury, usually a hip fracture, then followed by a rapid decline. Kristen breaks down the business model behind many nursing facilities, including private equity ownership, and money being routed away from resident care, all of which lead to declining care. The staff in turn are stretched thin trying to keep up with cutbacks and understaffing, creating a vicious circle. And yet, defense strategies usually rely on dementia, Alzheimer’s or limited life expectancy, to minimize damages and shift blame away from the facility. It's a deplorable situation, yet like with sex assault cases or negligent security cases, it's all too common. Kristen is also a graduate of the Gerry Spence Method at Thunderhead Ranch in Wyoming, and her and Sharif talk about their shared experiences there, learning not just trial skills and strategies, but how to emphasize authenticity, good listening, and making a genuine connection with witnesses. A comment from Joe Low ended up changing her career trajectory and self-confidence, drawing a straight line to the firm under her own name that she operates today. "It hits differently when trial lawyers who are very seasoned, very successful, aren't trying to get me to be a male trial lawyer who's seasoned and successful. They're just like, 'Be you. Who you are is enough.' And that has shaped how I am, in my current practice at my firm." - Kristen Lojewski In this episode, we discuss: ◼️ What nursing home abuse and neglect cases typically look like, including falls, choking incidents, pressure wounds, and wrongful death claims. ◼️ The main defense themes in these cases, especially the idea that an elderly resident “was going to die anyway,” or had comorbidities that supposedly explain the outcome. ◼️ How in Wisconsin, prior incident reports and state investigation reports are inadmissible, which can make pattern-and-practice proof harder to present to a jury. ◼️ How the Gerry Spence ranch pushed her to stop “playing small,” and ultimately helped inspire her to start her own firm. Chapters 0:00 Understanding Nursing Home Abuse and Neglect 5:02 The Journey from Prosecutor to Plaintiff’s Attorney 10:04 The Importance of Advocacy for the Elderly 15:13 Challenges in Nursing Home Litigation 19:57 Defensive Strategies in Nursing Home Cases 25:15 Understanding Patterns of Negligence in Nursing Homes 30:37 The Impact of the Gerry Spence Ranch on Legal Practice Courtroom Stories & Tactics | RVA Trial Lawyers Available on Spotify, Apple, YouTube, and at RVATrialLawyers.com Based out of Richmond, Virginia, Courtroom Stories & Tactics by RVA Trial Lawyers exists for lawyers who try cases to juries on behalf of people. Through our podcast, we hope to learn from them, support them, connect them, inspire them, and preserve their work for future trial lawyers. If you are willing, we would greatly appreciate it if you left us a 5-Star Google Review by clicking here. Your review will help people find us. Thank you! Sharif Gray and Nael Abouzaki
