Expert Consulting Services, LLC

13 on the ECS panel

Nursing home administrator expert witness

An administrator expert answers the question clinicians cannot: whether the building was run the way a nursing home is required to be run. Most serious long-term care cases have an operational failure underneath the clinical one, and a licensed nursing home administrator is the witness who can explain it with authority.

The distinction matters on cross-examination. A nurse can say a resident was not repositioned. An administrator can say why: the facility assessment called for a staffing level the building never scheduled, and the budget that set it came from above the building.

What this expert addresses

  • Staffing sufficiency against the facility's own assessment, using Payroll-Based Journal data and assignment sheets (F725, F838)
  • Abuse prohibition policy, hiring and screening, reporting timelines and investigation adequacy (F607, F609, F610)
  • Supervision systems behind falls and elopement, including alarm maintenance and door security (F689)
  • Survey history, the meaning of scope and severity, and whether plans of correction were carried out
  • Corporate and management-company direction: labor budgets, agency use and what ownership knew
  • Admission, retention and discharge decisions, including whether the facility could meet the resident's needs

Retain this discipline when

  • The deviation is systemic rather than one clinician's error
  • The theory reaches the operator or management company
  • Staffing, reporting or policy is the centre of the case
  • You need someone to explain a survey report to a jury

What they will ask you for

  • The facility assessment required at 42 CFR 483.71
  • Payroll-Based Journal data and daily staffing sheets
  • Policies and procedures in effect on the incident date
  • CMS Form 2567 results and plans of correction
  • Budget, labor variance and agency invoices
  • Personnel files for staff involved

Read: Proving or defending an understaffing claim: PBJ data, the facility assessment and Form 2567

How to vet one

Ask for these with the CV. ECS sends the CV and fee schedule within 24 hours and testimony history on request.

  1. Current licensure, which is issued by a state
  2. Years as administrator of record, and the size and type of facilities run
  3. Multi-facility or regional operations experience when the theory is corporate
  4. Survey experience, including sitting on the other side of a survey
  5. Testimony history, requested with the CV

Panel members in this discipline

Availability and conflicts are confirmed on the call.

David McCray, licensed administrator, licensed assisted living director, ECS nursing home expert panel

David McCray

Licensed administrator, Licensed assisted living director

Tammy Starion, director of nursing, registered nurse, licensed administrator, ECS nursing home expert panel

Tammy Starion

Director of Nursing, Registered nurse, Licensed administrator

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