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Attorney David J. Hoey

Attorney David HoeyDavid J. Hoey is the president of the Law Office of David J. Hoey, PC., where he practices in the areas of nursing home abuse and neglect, assisted living facilities and injuries to the elderly. Mr. Hoey received his B.A. degree from Western New England College, where he was an Academic All- American in wrestling. Mr. Hoey received his J.D. degree from the Massachusetts School of Law. He is author of “Prosecuting Nursing Home Cases in Massachusetts” (Lawyers Weekly), “Most Common Mistakes Attorneys Make in Prosecuting Nursing Home Cases” (ATLA), and he is working with West Publishing on a nursing home litigation manual. Mr. Hoey previously has spoken on nursing home bankruptcy issues and Medicare Medicaid issues in nursing homes. He was also a speaker for the New England Patient Rights Group on “Nursing Home Awareness”; MCLE’s Personal Injury year in Review (Nursing Home Section); National Business Institutes seminar on Nursing Home Malpractice in Massachusetts. He is a past chair of ATLA’s Nursing Home Litigation Group. He was elected by his peers as A Rising Star/ Super Lawyer in 2005. The Law Office of David J. Hoey, PC (HOEYLAW) attempts, through litigation, to improve quality of care and quality of life in Massachusetts nursing homes and assisted living facilities. Also admitted in New Hampshire.

Attorney David J. Hoey has recently been voted as a member of the Board of Directors of NCCNHR (National Citizen’s Coalition for Nursing Home Reform based out of Washington, DC.) NCCNHR is the nation’s largest advocates for nursing home residents. NCCNHR is celebrating its 37th anniversary this year “Working Together for Quality Long Term Care”.

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A short interview with Attorney Hoey:

Born: Waterbury, CT.
Education: Massachusetts School of Law 1994; Western New England College 1989; Holy Cross High School 1985

Professional Experience: American Trial Lawyers Association-Nursing Home Litigation Group; National Citizen Coalition for Nursing Home Reform; American Association for Justice; Massachusetts Academy of Trial Attorneys

How co-workers would describe me: A great teacher; dedicated to my family; wants to succeed.

  • What kind of reputation to have: Popular; one of the best in my field; “the nursing home neglect lawyer”.
  • On pain-in-the neck lawyers: I like them, they make me perform better.

Role models (inspirations): My parents for always supporting me and giving me hope. High school and college wrestling coaches.

Career Resume:

Author: Litigating Nursing Home Abuse Cases

Litigating Nursing Home Abuse CasesATLA’s Litigating Nursing Home Abuse Cases; by Libby Edwards, David Couch and David Hoey. Purchase Book Series

Description
This product from AAJ Press (formerly ATLA Press) provides the tools needed to win the complex nursing home case. It discusses the differences between these cases and the standard tort or malpractice case because the plaintiff is often elderly and may have preexisting conditions that complicate proof of causation or investigation of the injury. It also discusses applicable medical malpractice and elder abuse statutes, as well as federal and state nursing home regulations, and addresses how to deal with complex corporate structures and Medicare, Medicaid, and health care liens. Time-saving forms are also included.
Features
  • Includes draft complaints
  • Provides client interview and authorization forms
  • Includes time-saving discovery forms, including deposition outlines, suggestions for opening and closing statements, and guidelines for cross-examining witnesses

Seminars/Faculty

  • Nursing Home Litigation – Philadelphia 2011
    Pennsylvania Association for Justice
  • Boardwalk Seminar – Nursing Home Section 2011
    New Jersey Association for Justice
  • Nursing Home Verdict: Lavender v. Skilled Healthcare Group 2011
    North Carolina Advocates for Justice
  • Long Term Care Litigation Seminar – 2011
    Virginia Trial Lawyers Association
  • Demonstrative Evidence in a Nursing Home Case – 2010
    AAJ Vancouver, Canada
  • Massachusetts Continuing Legal Education (MCLE’s) Best Practices: How to Establish a Niche Practice Area
    December 2010
  • Southern New England Chapter of American Association of Legal Nurse Consultants: Guest Speaker.
    January 2010
  • Health Insurance Portability and Accountability Act (HIPPAA) Audits in New Hampshire Faculty March 2009
  • 11th Annual Personal Injury Conference 2008
    Massachusetts Continuing Legal Education (MCLE) Nursing Home Litigation Section
  • Litigating Nursing Home Cases – 2007
    AAJ
  • 10th Annual Personal Injury Conference 2007
    Massachusetts Continuing Legal Education (MCLE) Nursing Home Litigation Section
  • 9th Annual Personal Injury Conference 2006
    Massachusetts Continuing Legal Education (MCLE) Nursing Home Litigation Section
  • 8th Annual Personal Injury Conference 2005
    Massachusetts Continuing Legal Education (MCLE) Nursing Home Litigation Section
  • 7th Annual Personal Injury Conference 2004
    Massachusetts Continuing Legal Education (MCLE) Nursing Home Litigation Section
  • 6th Annual Personal Injury Conference 2003
    Massachusetts Continuing Legal Education (MCLE) Nursing Home Litigation Section
  • Litigating Nursing Home Cases – ATLA Education 2005 – Albuquerque, New Mexico
  • Parent Corporation Liability; How to Uncover Nursing Home Assets ATLA 2006
    Honolulu, Hawaii
  • Nursing Home Litigation: Massachusetts Continuing Legal Education – April 2004
    Boston, Massachusetts
  • Nursing Home Malpractice in Massachusetts: Successful Case Management from Investigation to Trial. May 2005
  • Nursing Home Malpractice in Massachusetts: Successful Case Management from Investigation to Trial. May 2004
    National Business Institute (NBI)
  • Nursing Home Malpractice in Massachusetts: Successful Case Management from Investigation to Trial. May 2003
    National Business Institute (NBI)
  • Common mistakes – Avoiding the “Bad” cases. Association of Trial Lawyers of America
    San Francisco, California
  • Strategies for Trying Nursing Home Cases: Problems and Pitfalls
    Suffolk University Law School – Center for Advanced Studies
    Boston, Mass. – March 2007
  • Managing Your Risk: From Rogers Guardianship to Nursing Home Litigation
    Massachusetts Extended Care Federation – November 2004
  • Nursing Homes: Following the Paper Trial
    Sexual Abuse in NursingHomes – National Citizens Coalition for Nursing Home Reform
  • 2006 Nursing Home Care – New England Patient’s Rights Group – June 2002
    Medicaid and Elder Law Issues in Massachusetts – Lorman Education Services – February 2004
  • “The DON” – How to discover and interpret the critical documents – ATLA – Boston, Mass. – July 2006
  • Advanced Nursing Home Litigation – “Changing the Paradigm the Crucible of Truth” – Deposing the DON and Administrator – Association of Trial Lawyers of America – New Jersey, April 2007

Moderator

  • Jury Selection in Nursing Home Cases Teleseminar – 2006
  • ATLA 2006 Annual Convention – Nursing Homes – Seattle, Washington
  • Litigating Nursing Home Cases – Ft. Lauderdale, Florida – March 2005
  • Litigation Nursing Home Cases – Rising To New Challenges – Albuquerque, New Mexico – October 2005

Nominations of Boards/Positions

  • Massachusetts Super Lawyers – Rising Star 2005
  • National Citizens Coalition for Nursing Home Reform – Board Member – 2005-2007
  • Nursing Home Litigation Group (ATLA) – Vice Chair 2002, 2003
  • Nursing Home Litigation Group (ATLA) – Chair Elect 2004
  • Nursing Home Litigation Group (ATLA) – Chair 2005
  • Nursing Home Litigation Group (ATLA) – Executive Committee 2006-present
  • Bindertek – developed Nursing Home Medical Records Index Tabs
  • Massachusetts Academy of Trial Attorneys – Board Member 2007 – present
  • The National Trial Lawyers Top 100 Tiral Lawyers 2011

TV/Radio

  • “Paying Attention Program” Radio Program hosted by Tom Duggan
  • Massachusetts Nursing Home Attorney“Paying Attention Program” TV Program hosted by Tom Duggan
  • CBS I Team Report: Assisted Living
  • Channel 4 Evening News
  • Legal Line – December 17, 2003
  • Legal Line – July 5, 2004
  • New England Cable News
  • WBZ Boston

Quoted

  • Massachusetts Lawyers Weekly – January 8, 2007
  • “In working with other firms, always have a game plan”
  • Nursing Home Law Letter
  • Legal Claims Against Nursing Homes in Massachusetts on the Rise – The Valley Patriot – March 2004
  • Woman Sues In Attack at Care Facility – Boston Globe
  • Nursing Homes Face New Crisis – Sun Chronicle – March 17, 2002
  • Regs deemed lax at Assisted Care Sites, Boston Herald – August 16, 2009

Membership

  • Essex County Bar Association (ECBA)
  • Massachusetts School of Law Alumni Association
  • Massachusetts Academy Trial Attorneys
  • AARP Volunteer Legal Review Program
  • American Association for Justice – 1993-present

Articles

  • Feeding Assistants in Nursing Homes – A Good Thing? – The Valley Patriot
  • Choosing the Right Nursing Home for Your Loved One – The Valley Patriot – May 2004
  • Misconceptions About Nursing Home Litigation – The Valley Patriot – April 2004
  • Prosecuting Nursing Home Injury Cases – Massachusetts Lawyers Weekly – October 22, 2001
  • Do’s and don’t’s of Nursing Home Cases – Association of Trial Lawyers – New Jersey – April, 2007
  • Common Mistakes Made By Attorney’s Prosecuting Nursing Home Cases and How To Avoid Them
  • Trial Magazine, When Assisted Living Care Isn’t Enough – August 2011

Profiles

  • Salem Street Lawyers Practice Teamwork – The Medford Transcript – June 26, 1996
  • Lawyer Takes On Nursing Home Abuse Cases – Massachusetts Lawyers Weekly – November 12, 2001
  • Legal Claims on the Rise Against Nursing Homes – The Boston Globe – September 2, 2003

Conventions

  • ATLA 2000 Annual Convention – Nursing Homes – Chicago, Il
  • ATLA 2001 Winter Convention – New Orleans Hot Topics – Nursing Home Litigation
  • ATLA 2001 Annual Convention – Nursing Homes – Montreal, Canada
  • ATLA 2002 Annual Convention – Nursing Homes – Nursing Homes – Atlanta, GA.
  • * ATLA 2002 Winter Convention – Miami, Florida – At Rest or At Risk: Litigating Nursing Home Cases
  • **ATLA 2003 Annual Convention – Nursing Homes – San Francisco, CA
  • ATLA 2003 Winter Convention – Nursing Home Litigation – Maui, Hawaii
  • ATLA 2004 Winter Convention – Orlando, Florida – Strategies to Help with Litigation Against Facilities for the Old and Infirm; Nursing Homes and Assisted Living Centers
  • ** ATLA 2004 Annual Convention – Nursing Homes – Boston, Mass.
  • ATLA 2005 Annual Convention – Nursing Homes – Toronto, Canada
  • **ATLA 2006 – Winter Convention – Safeguarding the Elderly in Nursing Homes, Assisted Care and Elderly Care Litigation
  • ***ATLA 2006 Annual Convention – Nursing Homes – Seattle, Washington
  • ATLA 2007 Winter Convention – Miami, Florida – Holding Nursing Homes and Assisted Living Facilities Accountable
  • AAJ 2007 Annual Convention – Nursing Homes – Chicago, IL
  • AAJ 2009 Winter Convention – New Orleans
  • AAJ 2010 Annual Convention – Vancouver, Canada
  • AAJ 2011 Winter Convention – Miami, FL
  • AAJ 2011 Annual Convention – New York, NY

National College of Advocacy

  • Litigating Nursing Home Cases – Las Vegas, Nevada – March 2000
  • Litigating Nursing Home Cases – Austin, Texas – March 2003
  • Litigating Nursing Home Cases – Ft. Lauderdale, Florida – March 2004
  • Holding Hospitals Accountable – Montreal, Quebec – October 2004
  • ***Litigating Nursing Home Cases – Ft. Lauderdale, Florida – March 2005
  • ***Litigating Nursing Home Cases – Rising to New Challenges, Albuquerque, New Mexico – October 2005
  • The Ever-Changing Defendant: Holding the Nursing Home Industry Accountable – Memphis, TN – October 2006
  • Deconstructing a Landmark Resident-on-Resident Abuse Nursing Home Case Against Summit Care Corporation – October 2006
  • Advanced Nursing Home Litigation Seminar – Boston, Mass. – June 2007
  • **Litigating Nursing Home Cases – Las Vegas, Nevada – September 2007
  • Litigating Nursing Home Cases – Austin, Texas – October 2008
  • Litigating Nursing Home Cases –Fort Lauderdale, Florida – 2008
  • Litigating Nursing Home Cases – Chicago, Illinois – October 2009
  • Litigating Nursing Home Cases –Miami, Florida – 2010

* Panelist
** Presenter
*** Moderator

Trial College

  • Instructor. Nursing Home Trial College
    Memphis, TN 2009
  • Instructor. Establishing Corporate Negligence in Nursing Home Cases Using Cost Reports
    Washington, DC 2010