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 80 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 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
Presentations
- Senior Living Update: Verdicts, Settlements, and Management of Upstream Liability
American Legal Connections June 2025 - Flipping the Script!
Marsh Healthcare Forum, May 2025 - Third Party Litigation Funding Presentation,
2025 Guy Carpenter Medical Professional Liability Networking Forum, May 2025 - New Juries and New Trial Techniques: Ripping Up the Old Playbook,
Crittenden, April 2025 - Chevron, Kisor, Loper Bright, Jarkesy (and Avon)– What Long Term Care Practitioners Need to Know About Recent Supreme Court Administrative Law Decisions,
American Health Law Association, February 2025 - Professional Liability Update What Should We Expect?
American Legal Connection, January 2025 - Strategic Approach to the New Litigation Environment,
Cayman Captive Forum, December 2024 - Lessons Learned From Professional Liability Lawsuits In Senior Living,
Marsh, October 2024 - American Legal Connections 5th Annual Healthcare Symposium,
Moderator, July 2024 - American Legal Connections Denver,
Moderator, June 2024 - Taking Back Control – A New Paradigm for Litigation and Negotiation,
Coverys, May 2024 - Ripping Up the Old Playbook: Re-thinking Litigation Guidelines for 2024 Severity,
Crittenden Medical Liability Conference; April 8, 2024
More +
- American Legal Connections Chicago,
Moderator, April 2024 - Strategies and Insights for Navigating Local and National Counsel Relationships,
AEIX, March 2024 - The State of Senior Living,
American Legal Connections, March 2024 - Defense Tactics the Work – Part 1: Taking Back Control of Litigation and Negotiation,
ClaimsXchange Napa Conference, March 2024 - American Legal Connections Boston,
Moderator, February 2024 - American Legal Connections London,
Moderator, February 2024 - US Litigation and Long-Term Care Claims,
Allied World Assurance Company, Ltd, January 2024 - American Legal Connections Bermuda,
Moderator, January 2024 - Third Party Litigation Financing,
MCIC Shared Learning Conference, October 2023 - Taking Back Control A New Paradigm for Litigation and Negotiation,
Coverys Claims Conference, October 2023 - Legal Trends,
NCHA, October 2023 - The Data Defender: A Unique Response to Litigation,
AHCA, October 2023 - Third Party Litigation Funding,
MCIC Shared Learning Conference, October 2023 - Senior Living Long Term Care: Claims and Legal Trends,
ASHRM, October 2023 - American Legal Connections 4th Annual Healthcare Symposium,
Moderator, July 2023 - Different Risks Require a Different Process,
AEIX RRG Claims Caucus, April 2023 - Claim Strategies,
GC MPL Conference, April 2023 - Taking Back Control: A New Paradigm for Litigation and Negotiation,
2023 Arch Wholescale Producer Appreciation Event, April 2023 - Large Settlement Analysis: A New Normal in Evaluating Settlement Values,
2023 Crittenden Medical Liability Conference, April 2023 - Let’s Get Real, Time Traveling in the Defense of Damages,
CLM Conference, March 2023 - Taking Back Control: A New Paradigm for Litigation and Negotiation,
Berkshire Annual Meeting Presentation, March 2023 - Assisted Living and Senior Housing Legislative and Regulatory Update,
AHLA 2023 Long Term and Post-Acute Care Law and Compliance Conference, March 2023 - PREP Act, Still Too Early to Tell Whether Providers Will Be Immune,
McKnight’s Long-Term Care News, Podcast, February 2023 - 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 - Effect of Litigation Trends on Captives and Others,
Cayman Captive Forum, November 2022 - The Other Side of the Pandemic: Verdicts, Damages, and Mediations,
Defense Counsel Summit, November 2022 - Legal, Licensure and Liability Risk Drivers for Senior Care,
Marsh, Webinar, October 2022 - New and Different Ways of Addressing Damages,
Medical Professional Liability Association, October 2022 - The Future of Medical Malpractice Litigation,
Constellation Mutual, October 2022 - Deconstructing Professional Liability Claims,
Marsh, September 2022 - Legal Environment Post COVID,
Crittenden Medical Insurance Conference, September 2022 - Deconstructing Professional Liability Claims,
Marsh Senior Living & LTC Industry Risk Summit, September 2022 - Hospital and Physician Professional Liability 2022 Benchmark Report,
AON/ASHRM, September 2022 - The First Move Advantage: How the Anchoring Bias Drives Litigation, Negotiation and Everyday Life,
South Carolina Captive Association Conference, September 2022 - Issues, Consideration, and Defense Strategies for Dealing with the Staffing Crisis,
DRI, September 2022 - Legal, Licensure and Liability Risk Drivers for Senior Care,
ASHRM National LTC Annual Conference, September 2022 - Strategies to Reduce Risk,
Guardian Health, August 2022 - Data Brockovich – Write Better reports,
Zimmet Healthcare Conference, August 2022 - American Legal Connections 3rd Annual Healthcare Symposium,
Moderator, July 2022 - The New Aging Services Public Data: How Transparency will Change Aging Services Litigation,
Long Term Care Insurance Conference, June 2022 - US Legal Trends Real Time Update,
Bermuda Healthcare Forum 2022, April 2022 - Is That A Lizard In My Soup? Countering Public Perception Of The Insurance Industry and Preventing Aberration Verdicts,
Claims and Litigation Management (CLM) 2022 Annual Conference, March 2022 - Regulatory Impact Report: Providing the Defense Team Early Notice of Adverse Survey Implications,
AHLA, February 2022 - Crisis Standards of Care: The Risk Management Perspective,
ASHRM, Webinar, January 2022 - Developing Trends in Colorado Discovery,
Children’s Hospital Colorado, January 2022 - Guy Carpenter 2022 Med. Prof Liability Networking Forum,
December 2021 - Litigation Trends, Constellation Utah Defense Counsel Group,
December 2021 - Crisis Standards of Care,
ASHRM, Webinar, November 2021 - The Impact of COVID-19 on Georgia Senior Housing: Review of the NORC Study,
GSLA Conference & Trade Show, October 2021 - Regulatory, Claim and Practice Drivers of Senior Care Risk,
ASHRM Annual Conference, October 2021 - How Long-Term Care Public Data Will Change Risk and Defensibility Post COVID,
Crittenden Medical Insurance Conference, September 2021 - DRI 2021 Nursing Home/ALF Litigation Seminar,
September 2021 - Regulatory, Claim and Practice Drivers of Senior Care Risk,
ASHRM, Webinar, September 2021 - Litigation Trends, Constellation and Mountain States Hospital Group,
September 2021 - Social Inflation in a COVID-19 World,
MedPro, Webinar July 2021 - Early Resolution and Anchoring: Lessons Learned & New Challenges,
Webinar, June 2021 - Baptist Health Discovery presentation,
Webinar May 2021 - IronHealth & Sallop Insurance Webinar: COVID19 and its impact on the Senior Care Market,
Panelist, Webinar, May 2021 - Complying with the Revised CMS COVID-19 Visitation Recommendations for Skilled Nursing Facilities,
American Society for Health Care Risk Management (ASHRM), Webinar, April 2021 - EMR Education Seminar,
Premier Insurance Management Services (PIMS), Webinar, March 2021 - Preparing for Long Term Care and the Law – Logging into Matchbox,
American Health Lawyers Association (AHLA), Webinar, March 2021 - Changing the Discovery Paradigm: The Five Myths of Defending Requests for Electronically Stored Health Information in Professional Liability Litigation,
Premier Insurance Management Services (PIMS), Webinar, March 2021 - COVID-19 Vaccines in LTC,
American Health Law Association, Webinar, March 2021 - State and Federal Immunity Statutes 101: An In-Depth Guide to COVID-19 Relief Protections for LTC Providers,
ACI, Webinar, February 2021 - COVID-19 Risk Management and Mitigation Update,
Panel Webinar, Willis Towers Watson, January 2021 - Psychological Anchoring,
Inspirien, Webinar, January 2021 - Covid-19 Defense Panel: Expert Presentation For Attorneys Representing Healthcare Facilities,
MedPro, Webinar, December 2020 - Covid-19 Litigation Update,
Caring Communities, Webinar, December 2020 - PREP Act Roundtable Discussion,
Argentum, Webinar, December 2020 - 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 - Liability Mitigation Strategies for The New Normal, Understanding the PREP Act and Its Potential Application for Senior Living,
Argentum, Panelist, Webinar, September 2020 - Documentation: Rooting Out the Reptile,
Presbyterian Manors Of Mid-America, Panelist, Webinar, September 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 - Caring Communities Focus Member Presentation
Webinar, August 2020 - Nursing Home Regulatory Update: Specific information relative to the regulatory deficiencies most received by aging services facilities,
CNA Webinar, August 2020 - Developing Defense Themes in COVID-19 Related Senior Housing Claims: LTC Risk Legal Forum Defense Firm COVID-19 Strategy Call (Industry & Defense Firm Members)
July 2020 - Understanding the History and Purpose of the PREP Act: Next Steps to Protect Senior Housing from COVID-19 Claims, LTC Risk Legal Forum Defense Firm COVID-19 Strategy Call (Industry & Defense Firm Members)
Panel Webinar, July 2020 - Forecasting Medical Liability Claims in the Age of COVID-19: How to Mitigate Risk and Reduce Payouts from Potential Negligence Claims
Webinar, June 2020 - 2020 DRI Nursing Home Seminar
June 2020 - COVID-19 National Coordinating Counsel: Education, Standardization, Monetary Value, Defend, Try
Webinar, May 2020 - Litigation Against Nursing Homes/ALFs Following the COVID-19 Pandemic: Three Things to Do Now to Prepare
DRI Webinar, May 2020 - Taking Back Control: Defense Panel Workshop,
Children’s Hospital Colorado, February 2020 - Anatomy of Falls Suit,
Argentum/Willis Towers Watson, February 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 - Managing Social Media Risk and Avoiding Social Media Crisis,
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 - Nursing Home Data Resources: Building Blocks for the Defense,
Defense Research Institute, Nursing Home/ ALF Litigation Conference, September 2014 - Guardianship and Informed Consent,
Georgia Medical Director Association, Summer Meeting, June 2013 - Home Health & HIPAA,
HC Pro Webinar, May 2013 - Providing Resident Centered Care While Avoiding Risks and Liability in Assisted Living,
American Health Lawyers Association’s Long Term Care and the Law, January 2013 - Overview of State and Federal Elder Abuse Statutes,
American Conference Institute, Long Term Care Regulatory Boot Camp, September 2012 - Will Health Care Reform Change Long Term Care Litigation Forever,
Professional Liability Underwriting Society, Medical Professional Liability Symposium, March 2011 - Ethics and Decision Making a Multi-Disciplinary Approach,
Georgia Health Care Association, January 2011 - The Immediate Implications of Healthcare Reform for Skilled Nursing Facilities,
Georgia Health Care Association Webinar, April 2010 - Residents’ Rights Boot Camp: Life After the Affordable Care Act,
Georgia Health Care Association, August 2010 - Top Legal and Risk Management Trends for 2010,
Pendulum Legal Risk Management Workshop, March 2010 - The Impact of Quality Initiatives on Long Term Care Litigation,
American Health Lawyers Association, Long Term Care and the Law, February 2010 - The Fairness in the Nursing Home Arbitration Act,
Pendulum Long-Term Care Risk/Legal Committee Meeting, January 2010 - Social Networking and Long Term Care: The Basics,
Georgia Health Care Association 2010 Mid Year Convention, January 2010 - Arch Long Term Care Update,
London, November 2009 - Legal Trends,
National Council of Healthcare Agents, October 2009 - Five-Star Quality Rating System,
CNA Panel Counsel Meeting, September 2009 - To Apologize or Not to Apologize – Consideration for Long Term Care Providers,
January 2009 - Long Term Care Underwriters’ Update,
various Lloyd’s Syndicates, London, November 2008– 2015 - Arbitration Update, Incident Reports & Workplace Harassment,
Georgia Health Care Association Annual Meeting, June 2008 - Long Term Care Regulatory Update,
CNA Panel Counsel Meeting, September 2007 - Fifth Annual General Practice and Trial Section Institute Handling Long Term Care Liability Matters,
ICLE in Georgia, Amelia Island, Florida, March 2006
Publications
- How Nursing Homes Can Leverage MDS, PBJ, Other Facility Data to Protect Against Litigation, Lending Issues
Skilled Nursing News, June 10, 2024 - Providers Need ‘Coherent Story’ To Combat Data Misrepresentation In Legal Cases, Public Opinion: Experts Warn
McKnight’s Long-Term Care News, June 10, 2024 - From the Field: Understanding and Limiting Aberration Verdicts
Aon/ASHRM Hospital and Physician Professional Liability Benchmark Analysis (pp. 26–27). Hall, J., & Graham, D. , September, 2022
- Nursing Home Operators Could Face Fines, Citations Tied to Arbitration Agreements as Part of New CMS Requirements
Skilled Nursing News, July 19, 2022 - What Might the RaDonda Vaught Conviction Mean for Skilled Nursing?
McKnight’s Long-Term Care News, June 27, 2022
- Biden Administration Cracking Down on Nursing Home Safety
Healthcare Risk Management, May 1, 2022 - How (to This Point) Has PREP Act Application Gone So Wrong?
The New York Law Journal; December 10, 2021 - Circuit Court Decision Could Make COVID-19 Lawsuits Easier
Healthcare Risk Management, December 1, 2021
More +
- 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 - 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