Drew Graham
Biography
Drew Graham started his practice with Hall Booth Smith in 1992, developing expertise in traditional medical and professional negligence. In 1996, Drew created the firm’s Aging Services practice in response to industry demand for specialist attorneys in the evolving area of long term care litigation.
As chair of the group, Drew is committed to making it the go-to resource for health care providers facing the challenges of a complex and highly regulated specialty. The group has grown to include over 20 attorneys, each with an in-depth appreciation of the industry.
Drew is frequently called to assist with the management of batch claims, complex discovery, and trial. He works with counsel across the country on developing strategies to address damages in all types of medical cases. Drew is actively involved in numerous professional organizations and is a frequent speaker at industry and legal meetings. He is peer rated AV Preeminent® Peer Review Rated™ by Martindale-Hubbell. He lives in New York with his wife and daughters.
Experience
Aging Services
Drew has tried more than 40 health care cases to resolution and has appeared in numerous arbitrations and regulatory hearings. He is a specialist in the government regulations applicable to long term facilities and frequently consults with counsel around the country to develop the liability defenses facilitated by the vast regulatory scheme governing nursing homes and assisted living facilities.
Med Mal
Drew represents hospitals, nursing homes, home health, and companion providers in administrative and civil matters. Drew also consults with hospital risk managers, their administrative teams, and internal hospital committees on a variety of legal issues including but not limited to:
- Medical Records Documentation
- Informed Consent
- General Consent
- Hospital Ethics Committee Issues
- Mental Health Commitment
- Guardianship
- EMTALA
- Risk Prevention
- Peer-Review
- Credentialing
- Medical Staff Issues
- Regulatory Issues
Credentials
Admitted
State Courts:
- Georgia
- New Jersey
- New York
- Tennessee
Education
- J.D., Mercer University, 1992
- B.A., Mercer University, 1986
Memberships
- Atlanta Bar Association
- Defense Research Institute (DRI)
Recognition
- AV Preeminent® Peer Review Rated™, Martindale-Hubbell, 2023
- Georgia Super Lawyer, Super Lawyers®, 2004
Presentations
- Ripping Up the Old Playbook: Re-thinking Litigation Guidelines for 2024
Crittenden Medical Liability Conference; April 8, 2024 - Risk Mitigation
Georgia Senior Living Association, 2023 Conference & Trade Show; October 24, 2023 - Large settlement analysis: A new normal in evaluating settlement values
Crittenden Medical Liability Conference; April 12, 2023 - Assisted Living and Senior Housing Legislative and Regulatory Update
American Health Law Association, Long Term and Post-Acute Care Law and Compliance Conference, March 2023
More +
- Managing the Cost of Risk During Economic Uncertainty: How Risk Control Impacts Your Insurance Costs in a Post-pandemic World
Senior Housing News’ RISK Summit, December 2022 - Covid-19 Professional Liability Legal Update
Hall Booth Smith Webinar, November 2020 - A Lawsuit Tsunami? Where COVID Liability Starts and Ends
LTC-100 Leadership Conference, November 2020 - Change and Challenge: Five Trends Impacting Senior Housing Litigation in 2020
MedPro Senior Care Symposium, October 2020 - COVID-19 Related Claims
Captive Insurance Council Of The District Of Columbia, Inc. Annual Conference, October 2020 - Key FTAGs for the Defense
Pendulum & HBS Regulatory Update, October 2020 - National COVID Defense Counsel Roundtable Discussion
Webinar, October 2020 - Enterprise Risk Management for Senior Care
Crittenden Virtual Medical Insurance Conference, September 2020 - What Every Long-Term Care Attorney Needs to Know About State and Federal Immunity Statutes: An In-Depth Guide to New State COVID-19 Relief Protections for LTC Provider:
ACI’s National Forum on COVID-19 Liability for Long Term Care and Senior Care Facilities, August 2020 - Current State of COVID-19
American Legal Connection, August 2020 - 2020 DRI Nursing Home Seminar
June 2020 - Litigation Against Nursing Homes/ALFs Following the COVID-19 Pandemic: Three Things to Do Now to Prepare
DRI Webinar, May 2020 - Best Practices in Litigation Management
Argentum/Willis Towers Watson, February 2020 - Change & Challenge: Five Things Impacting Assisted Living Litigation in 2020
American Legal Connections, February 2020 - The Payroll-Based Journal and Nursing Home Litigation
Care Providers Oklahoma, February 2019 - Sexual Assault in Senior Housing Communities: The Regulatory, Legal & Risk Management Issues Facing Providers and Their Insurers
Crittenden Medical Insurance Conference, March 2019 - The Good, The Bad, and the Scary: Legal/Insurance and How to Avoid Pitfalls and Be On The Winning Side of the Law
The Guardian Foundation/Health Systems, April 2019 - Reputation Management and Social Media
Argentum 2019 Senior Living Executive Conference, April 2019 - What Does Specialty Counsel and AIG Claims Bring to the Table?
AIG, May 2019 - Workplace Violence in Healthcare: The Regulatory, Legal and Reputational Response
American Society for Health Care Risk Management, May 2019 - The Changing Faces of Claims
Medical Professional Liability Association Conference, May 2019 - Legal Update on Staffing Covering The New Payroll-Based Journal Program
MedPro, May 2019 - Long Term Care Underwriting Trends, 3rd Annual Long Term Care Insurance
ExecuSummit,June 2019 - Taking Back Control of Healthcare Litigation
DRI Nursing Home and Assisted Living Facility Litigation Seminar, September 2019 - Enterprise Risk Management for Senior Care
ASHRM 2019 Annual Conference & Exhibition, October 2019 - Claims litigation and Settlement – Oh My!,
WTW 16th Annual Senior Living Risk Symposium, October 2019 - Strategies for Evaluating and Litigating Catastrophic Cases, Patient Safety Work Product Privilege
University of California, Professional Medical Hospital Liability Program, Panel Counsel Seminar, December 2019 - Patient Safety Work Product (PSWP) Privilege in the Context of Patient Safety Organizations
University of California, Professional Medical Hospital Liability Program, Panel Counsel Seminar, December 2019 - Class Action; Successfully Navigating Family Conflict; and Mitigating Risks in High Acuity Settings
Argentum Senior Living Executive Conference, May 2018 - Deposition Boot Camp: Taking an Effective Family/Plaintiff Deposition
Long Term Care Lawyers Webinar, June 2018 - Aging Services Public Data
Pendulum, LLC, September 2018 - Legal Trends
North Carolina Healthcare Association, September 2018 - Payroll-Based Journaling: Demystifying the Data for the Defense
DRI Nursing Home and Assisted Living Facility Litigation Seminar, September 2018 - You Made the News: Senior Citizen Dies After Staff Fails To?
American Society for Health Care Risk Management 2018 Annual Conference, October 2018 - Negotiation Strategies for High Exposure Medical Cases
14th Annual Medical Liability Insurance ExecutSummit, October 2018 - Opiods and Other Trends: What Frontiers Are to Come?
Society for Health Care Risk Management of New Jersey Panel, November 2018 - The Adapt Strategy: A New Way To Address High Exposure Damages
ASHRM Annual Conference & Exhibition, October 2017 - Emerging Legal Trends in Medical Liability
13th Annual Medical Liability Insurance ExecuSummit, September 2017 - Preparing Your Closing Argument: To Anchor or Not?
Pendulum, July 2017 - Content Management Systems (CMS’ ROP) Changes
Continental Casualty Company, July 2017 - Public Quality Data and the Nursing Home Litigation Explosion: Are the Hospitals the Next Target for Dual Enforcement
American Health Lawyers Conference, June 2017 - Take Back Control of Healthcare Litigation
American Society for Healthcare Risk Management Conference, April 2017 - Senior Housing Class Actions
MedPro Senior Care Litigation, April 2017 - The Good the Bad the Ugly: Documentation
Co-presented with Joe Desmond, Guardian 13th Annual Risk Management Conference, April 2017 - Understanding Staffing Claims
MedPro Senior Care Litigation, April 2017 - The Senior Care Assessment Model
MedPro Senior Care Litigation, April 2017 - Senior Care Data Recourses: Understanding the Regulatory Impact
MedPro Senior Care Litigation, April 2017 - Punitive Damages in Senior Care Litigation
MedPro Senior Care Litigation, April 2017 - Long Term Care / Aging Services
State Court of Fulton Count Georgia Steering Committee, February 2017 - Underwriting Presentation
Beazley, February 2017 - Centers for Medicare Services and Requirements of Participation for Nursing Homes
Call in session, January 2017 - Notice Act – Arbitration and New Regulations Affecting Senior Living
December 2016 - New Regulations
November 2016 - Home Care Advantage
Webinar, November 2016 - Arbitration and New Regulations Affecting Senior Living
Webinar, November 2016 - Arbitration and the New Nursing Home Regulations
Webinar, October 2016 - Social Media-A Panel Discussion
Senior Living Conference, October 2016 - The Three Most Important Things You Need to Know About the New SNF Conditions of Participation
DRI Nursing Home/AFL Litigation Seminar, September 2016 - Latest Legal Trends – Attorney Perspective On Hiring Practices and the Relationships Between Good Practices and Liability Litigation with Examples
Guardian Risk Management conference, April 2016 - Kick-Off Session on the High-Exposure MPL Marketplace: Top Med Mal Claims Trends for 2016 the Latest Issues Affecting the Industry, Identifying and Mitigating New Risks, Controlling Costs, What’s on the Horizon, and Examining the IOM Report on Improving Diagnosis in Healthcare
Medical Malpractice Catastrophic Injury Conference, February 2016 - State of the Aging Services Insurance Marketplace in Hawaii
Atlas Risk Management, January 2016 - Anatomy of a Fall Case
Georgia Health Care Association, Summer Convention, June 2015 - Manage Your Risk or Manage The Lawsuit
Health Systems and Guardian Foundation, Risk Management Conference, April 2015 - Nurse Practitioners & Physician Assistants as the New Primary Care Providers
Crittenden Medical Insurance Conference, March 2015 - The Intersection of Regulatory and Personal Injury Litigation – Practical Considerations
American Health Lawyers Association’s Long Term Care and the Law Program, February 2015
Publications
- How (to This Point) Has PREP Act Application Gone So Wrong?
The New York Law Journal; December 10, 2021 - Navigating the Resumption of Visitation in Skilled Nursing Facilities
Bloomberg Law; April 14, 2021 - Amendments to Public Health Law Require Resident Health Care Facilities to Spend 70% of Revenue on ‘Direct Resident Care,’ Cap Facility Profits at 5%, and Limit Executive Pay
HBS Health Care Blog, April 2021 - CMS Issues ‘Frequently Asked Questions’ Document On Nursing Home Visitation
HBS Coronavirus Litigation Blog, July 2020
More +
- Overview Of State Regulations Related To Pandemics And Nursing Homes
HBS Coronavirus Litigation Blog, June 2020 - GAO Reports To Senate On Pre-COVID-19 Infection Control Deficiencies In Nursing Homes
HBS Coronavirus Litigation Blog, June 2020 - History and Use of The Hypothetical Question in Georgia
Georgia Defense Lawyers Association Journal, 1993