As the aging U.S. population continues to grow, so has the need for long-term care in assisted living and skilled nursing facilities. These facilities currently face aggressive litigation nationwide as plaintiffs’ firms advertise on the radio and billboards their willingness to bring suits on behalf of residents.
The stakes are high for our long-term care clients and successfully defending these claims requires a skilled team of attorneys experienced in all aspects of litigation from urgent investigation of high exposure claims through presenting evidence at trial. While we defend against the common cases involving pressure ulcers, falls, malnutrition and aspirations, we also manage high exposure claims involving abuse and neglect, including physical and sexual assault. These latter claims often draw unwanted media attention and require a detailed and multi-level response. Having repeatedly litigated with the major players in this field, we are uniquely suited to anticipate legal strategy and defend against it.
Our team of Long-Term Care attorneys is supported by nurse paralegals with backgrounds in quality improvement, whose “in the trenches” clinical knowledge is invaluable. Together, we have amassed a directory of the relevant case law, medical research, sample depositions, potential consultants and relevant Jury Verdict reports, which means we can successfully defend against these matters without reinventing the wheel. This allows us to decrease the costs of defense and accurately value each claim. Our team’s thorough knowledge of the industry comes in part from staying current on the underlying regulatory and statutory guidelines that form the basis of these types of claims and our familiarity with the Department of Public Health Survey process.
Our plan for success in each case is simple; we respond to the unique needs and goals of each client. While we draw on a depth of knowledge, there is no “one size fits all” to strategy for the defense of claims. Any assessment of potential risk comes after careful investigation of the care rendered and the caregivers providing it. With that knowledge, we can move forward with purpose and efficiency to economically and effectively defend each case on the merits.
We are available to make presentations to address specific areas of risk to work to decrease potential claims. We are also available to provide urgent counsel to our clients, as needed.