Staffing Numbers Don’t Prove Causation
In long-term care litigation, the staffing schedule has become one of the plaintiff's favorite exhibits. Blow up the roster. Circle an open slot on the night shift. Let jurors connect the dots: fewer hands, so the fall was inevitable. So someone is to blame. It's a compelling story. It's also a shortcut. A staffing level describes a building. It doesn't explain what happened to a resident.
CNAs May Be Your Most Important Witness
When defense teams map out a long-term care trial, the witness list usually starts at the top: the administrator, the director of nursing, the medical director, the retained expert. The certified nursing assistant who was on the floor that night often gets a short prep session and a reminder to "just tell the truth."
“Understaffed” Isn’t the Same as “Negligent”
In almost every long-term care case, plaintiff's counsel reaches for the same theme: the facility was understaffed. It's simple. It's emotional. And it invites jurors to picture a corporation cutting corners while residents waited. But staffing is an input. Care is the outcome.