Expert Witness & Litigation Consulting

Standards of care in residential, behavioral health, substance use disorder, and I/DD services, analyzed from an operator’s perspective

Dale Klatzker, PhD., MSW, assists plaintiff and defense counsel in matters involving how human services organizations are run: staffing and supervision, policy and practice, incident response, regulatory compliance, and executive and board oversight.

His opinions rest on more than four decades of direct executive responsibility for licensed programs, and on the external standards those programs are held to.

Discuss a Case

Areas of Expert Opinion

  • Operation of licensed residential settings in behavioral health, substance use disorder, and I/DD services, including environmental and resident safety.

  • Incident reporting, response to allegations of abuse and neglect, incident and root cause review, and quality oversight.

  • Staffing adequacy, hiring and screening, training and competency, supervisory structure, and span of control.

  • State licensing requirements, Medicaid program requirements, accreditation standards, survey response, and plans of correction.

  • Whether policies and procedures were adequate and whether they were carried out in practice.

  • Leadership accountability, board oversight of quality and risk, and the organizational systems that affect care.

Standards Applied

Opinions are anchored in recognized external benchmarks, including:

  • State licensing and certification regulations

  • Federal Medicaid and CMS requirements, where applicable

  • Joint Commission and CARF accreditation standards

  • The organization’s own policies, contracts, and representations

  • Generally accepted practices in comparable programs

Services for Counsel

  • Early case assessment

  • Review of records, policies, and deposition testimony

  • Regulatory and standards analysis

  • Consulting expert support to counsel

  • Written expert reports

  • Deposition and trial testimony

How an Engagement Works

  1. Initial inquiry. Counsel provides the parties, jurisdiction, and general issues. Please do not send confidential case information at this stage.

  2. Conflict review. Completed before any substantive discussion of the matter.

  3. Engagement. Written engagement letter and retainer. Fee schedule available on request.

  4. Review and analysis. Records, policies, testimony, and the applicable standards.

  5. Findings. Discussed with counsel before any written report is prepared.

  6. Report and testimony. Written report, deposition, and trial testimony as the matter requires.

Frequently Asked Questions

  • I review organization level practices relevant to the case, such as leadership oversight, staffing, policies, incident response, and how practices were carried out. My opinions depend upon the records and issues in each case.

  • Yes, I provide an independent review for attorneys on each side.

  • Depending on the case, I can assess operational issues involving residential or inpatient behavioral health, substance use disorder, and I/DD services, including staffing, supervision, safety, abuse or neglect allegations, elopement, and incident response. I limit opinions to matters within my experience and expertise.

  • This is dependent on the specific case. Relevant materials may include pleadings, policies, staffing records, program documentation. incident reports, service or treatment records and regulatory materials.