Drew Graham

atp5d vr

Drew Graham

Partner
spc2

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

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
More +

In the Press

McKnight’s Long Term Care News: On PREP Act, Still Too Early to Tell Whether Providers Will be Immune

New York City Partner Drew Graham, Aging Services Practice Area founder at Hall Booth Smith, and Tara Clayton, Senior Vice President at risk management firm Marsh McLennan, recently joined McKnight’s Long Term Care News senior editor Kimberly Marselas to discuss the Public Readiness and Emergency Preparedness (PREP) Act and COVID-19 lawsuits. Graham says it is

Medscape: Drew Graham on COVID Liability Claims Involving Post-Acute Care

In a MedScape story about a proliferation of new lawsuits resulting from care provided or delayed during the COVID-19 pandemic, Drew Graham, partner and leader of the Aging Services Practice Area at Hall Booth Smith, told the publication most of the COVID liability claims he has seen involve post-acute care, such as nursing homes and

McKnight’s Long-Term Care News: Drew Graham on Supreme Court’s Decision to Review PREP Act COVID-19 Liability Cases

The U.S. Supreme Court may finally determine whether COVID-19 liability cases related to the Public Readiness and Emergency Preparedness (PREP) Act belong in state or federal court. While states can currently consider cases based on federal law, Glenhaven Healthcare is seeking petition from the court to hear its COVID-19 litigation case exclusively in federal court

Hall Booth Smith Expands New York City Office with Addition of Four Attorneys

New York, NY – Hall Booth Smith, P.C. (HBS) has added four attorneys to its New York City office as the firm expands to serve its clients in the state of New York. Warren S. Koster is a Partner in our New York City office. He comes to HBS with extensive experience in a wide variety of insurance

McKnight’s Long-Term Care News: Drew Graham on Nursing Home “Win” from SCOTUS Case

The Supreme Court of the United States on Monday said it will review a ruling that revived an injury lawsuit against a state-owned nursing home. The case has wide-reaching implications for providers. It could add a new right for private lawsuits of action as a component of the federal Nursing Home Reform Act (NHRA) depending

McKnight’s Newsmakers Podcast: Drew Graham on Unraveling PREP Act Immunity

Nursing home providers seeking protection from lawsuits and financial liability related to the care they’ve provided during the pandemic are largely dependent on the federal PREP Act, especially now that many state shield laws are expiring. But a series of legal challenges has led to a back-and-forth on the act’s ability to shield operators from all

McKnight’s Long-Term Care News: Drew Graham on Fed Spotlight Detracting from Patient Focus

An effort to improve transparency into nursing home ownership took a major leap forward when federal officials posted previously non-public data April 20, but providers and legal experts cautioned that early findings should not be viewed in a vacuum. The Centers for Medicare & Medicaid Services’ decision to post the data marked the first time

McKnight’s Newsmakers Podcast: Drew Graham on CMS Consideration for Nursing Home Minimum Staffing Rule Study

The Centers for Medicare & Medicaid Services is launching an ambitious study in support of the first minimum staffing rule for nursing homes. If you think you know how they will set their targets and all the reasons they will matter to providers, think again. Drew Graham, partner and head of the Long-Term Care Practice

Hall Booth Smith Adds Stewart G. Milch as Of Counsel in New York City Office

NEW YORK, NY – January 6, 2022 – Hall Booth Smith, P.C. is pleased to welcome experienced attorney Stewart G. Milch as Of Counsel to its growing office in New York City. For almost 30 years Stewart has concentrated his practice on appeals to safeguard hard-fought victories and overturn unfavorable outcomes in lower courts. He

Healthcare Risk Management: Drew Graham on How Circuit Court Decision May Increase COVID Lawsuits

In an article in Healthcare Risk Management, Drew Graham, Partner and leader of the Aging Services practice, explains how a decision from the 3rd Circuit U.S. Court of Appeals holding that nursing homes were not protected by the 2005 Public Readiness and Emergency Preparedness (PREP) Act in the way they thought, may result in long-term

New York Law Journal: Graham & Tomlinson on Potential PREP Act Circuit Court Review

In a New York Law Journal article evaluating the application of the Public Readiness and Emergency Preparedness Act (PREP) to claims of health care provider liability related to medical countermeasures against the COVID-19 pandemic, Drew Graham and Teresa Pike Tomlinson, Partners at Hall Booth Smith, explain why the PREP Act may finally get the review

Law.com: Drew Graham on How Future COVID-19 Cases Against Providers Will Be Handled

In an article published by Law.com on November 2, 2021, Drew Graham, Hall Booth Smith Partner and Leader of the firm’s Aging Services and Long-Term Care practices, discusses the recent ruling by the 3rd U.S. Circuit Court of Appeals against two nursing homes, and the case’s impact on how future COVID-19 cases brought against all

Modern Healthcare: Drew Graham on Impact of 3rd Circuit Ruling on Future PREP Act Coverage

In an article published by Modern Healthcare on October 25, 2021, Drew Graham, Hall Booth Smith Partner and Leader of the firm’s Aging Services and Long-Term Care practices, discusses the recent ruling by the 3rd U.S. Circuit Court of Appeals against two nursing homes, and the case’s impact on how future COVID-19 cases brought against

McKnight’s Long-Term Care News: Drew Graham on Consequences of Third Circuit Decision Regarding NJ Nursing Homes

In an article published in McKnights Long-Term Care News on October 22, 2021, Drew Graham, Hall Booth Smith Partner and Leader of the firm’s Aging Services and Long-Term Care practices, is extensively quoted discussing this week’s U.S. Court of Appeals for the Third Circuit decision that two New Jersey nursing homes could be sued in

Bloomberg Law: Graham & Walker Discuss Implications of CMS’ New Guidance on Nursing Home Visitation

In an article published in Bloomberg Law on April 14, 2021, Partner Drew Graham and Associate Danielle Walker discuss the implications of the Centers for Medicare & Medicaid Services’ (CMS) new guidance on nursing home visitation. Throughout the COVID-19 pandemic, CMS has recognized the toll the pandemic has taken on nursing home residents, from infection

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

Written by: T. Andrew Graham, Esq., Anthony Venditto, Esq., and Evan O’Hara, Esq. In February of 2021, Governor Andrew Cuomo announced that, as part of his effort to enact sweeping nursing home reform legislation, he would not sign a budget for the 2022 fiscal year into law unless it included legislation requiring nursing home facilities

Hall Booth Smith adds DeZago as Of Counsel in New York City Office

NEW YORK, NY – March 18, 2021 – Hall Booth Smith, P.C. (HBS) is pleased to announce the addition of Daniele DeZago as Of Counsel to its growing office in New York City, as the firm expands its medical malpractice team. Daniele concentrates her practice on medical malpractice defense and insurance coverage disputes. Specifically, she

Hall Booth Smith Adds Three New Partners in New York City Office

NEW YORK, NY – October 6, 2020 – Hall Booth Smith, P.C. is pleased to welcome three experienced partners to its growing office in New York City as the firm expands its medical malpractice team. Anthony “Tony” Venditto is a Partner with three decades of experience in the courtroom. He has defended numerous hospitals, nursing

CMS Issues ‘Frequently Asked Questions’ Document On Nursing Home Visitation

Written by: Drew Graham, Esq. and Laura Hall Cartner, Esq. On June 24, 2020, the Centers for Medicare & Medicaid Services (“CMS”) issued an updated set of Frequently Asked Questions (“FAQs”) regarding nursing homes and safe visitation to residents. While explicitly encouraging nursing homes to work with state and local authorities to maintain safety, CMS

OVERVIEW OF STATE REGULATIONS RELATED TO PANDEMICS AND NURSING HOMES

Written by: Drew Graham, Esq. In May 2020, JAMDA (the official journal of the Society for Post-Acute and Long-Term Care Medicine) published a summary about the variability in state regulations regarding infection control and pandemic response in US nursing homes. The study reviewed existing regulations for all fifty states and the District of Columbia, focusing

GAO Reports To Senate On Pre-COVID-19 Infection Control Deficiencies In Nursing Homes

Written by: John E. Hall, Jr., Esq. and Drew Graham, Esq. In spring 2020, Senator Ron Wyden (D-OR) asked the Government Accounting Office (“GAO”) to analyze the Centers for Medicare & Medicaid Services’ (“CMS”) oversight of infection control in nursing homes. On May 20, 2020, GAO issued the first of several responsive reports, focusing on

CMS PROVIDES GUIDANCE ON REOPENING NURSING HOMES

Written by: Drew Graham, Esq. Most nursing homes have been functioning at the highest level of vigilance for several weeks, restricting visitation, entry of non-essential healthcare personnel, and residents’ group activities. On May 18, 2020, the Centers for Medicare and Medicaid Services (“CMS”) offered its first recommendations for reopening nursing homes in the wake of

The Department of Health and Human Services Issues Declaration under the Public Readiness and Emergency Preparedness (“PREP Act”)

Written by: Christopher Eads, Esq. The Department of Health and Human Services (“HHS”) recently issued a declaration under the Public Readiness and Emergency Preparedness (“PREP Act”) Act to provide immunity to liability for activities related to medical countermeasures against the coronavirus(COVID-19). The declaration is effective retroactively to February 4, 2020. Executive Summary Under the declaration,

Hall Booth Smith Expands Beyond Southeast With New Jersey Offices, Adds Retired Judge Reddin as Partner

SADDLE BROOK, N.J. – Hall Booth Smith, P.C. is opening a new office in New Jersey as the Atlanta-based litigation firm expands beyond the Southeast for the first time to serve clients in New Jersey & New York. The firm is also pleased to announce that recently retired New Jersey Superior Court Judge Raymond Reddin

Hall Booth Smith is Pleased to Announce Madeline Mitchell as a New Associate in the Brunswick Office

Hall Booth Smith (HBS) is pleased to announce and welcome Madeline Mitchell as an Associate in Brunswick Office. Mitchell will be focusing on the Long Term Care and Senior Housing Industry practice for the clients in this area. She will be joining a team of 16 attorneys with a concentration in Long Term Care and

HBS Hosts 7th Annual Pig Roast to Support Atlanta Community Food Bank

Hall Booth Smith, P.C. (HBS) hosted its 7th Annual Pig Roast to benefit the Atlanta Community Food Bank on January 29th  at the Georgia Railroad Freight Depot in Atlanta. Over 700 guests, including many state and local leaders, gathered to support the Atlanta Community Food Bank as they enjoyed outstanding food, entertaining music, and excellent fellowship.

HBS Supports Atlanta Community Food Bank with 6th Annual Pig Roast

Hall Booth Smith, P.C. (HBS) hosted its 6th Annual Pig Roast to benefit the Atlanta Community Food Bank. The event was held on January 24th at the Georgia Railroad Freight Depot in Atlanta. Over 600 distinguished guests gathered to support the Atlanta Community Food Bank while enjoying outstanding food and excellent fellowship. The Pig Roast, first

HBS Hosted Webinar on Health Care Reform

On March 30th, 2010, HBS hosted a webinar in conjunction with GHCA. Attorneys Trey Reese and Drew Graham spoke during the event on The Impact of Health Care Reform for Skilled Nursing Facilities. The webinar ran at two times that day, 10 a.m. and 2 p.m. For more information about this webinar or other events, please email Trina Bazarte