Long-Term Care

 

 

Defending assisted-living and skilled-nursing facilities

The number of Americans ages 65 and older has grown by 34% over the last decade, driving demand for long-term care in assisted living and skilled nursing facilities. Such facilities provide critical services but continue to be targeted for lawsuits- especially in the wake of the COVID-19 pandemic.

The HPS long-term care team possesses extensive experience in defending against such claims, from the nurse paralegals with quality improvement backgrounds to the partners who defend these cases on trial. Based on the volume of cases handled by HPS, we are uniquely suited to anticipate opposing counsel's strategy and defend against it. We have participated in cases that have drawn unwanted media attention with our media consultant partners to present an accurate picture to the public.  

HPS brings a wealth of resources to bear on every long-term care case, including those related to COVID-19—HPS attorneys have been at the forefront of helping long-term care providers prepare for litigation stemming from the pandemic. The firm’s approach to all long-term care cases is rooted in a broad, deep and up-to-date understanding of relevant case law, jury verdict reports, medical research, and regulatory and statutory guidelines, as well as sample depositions and a roster of potential consultants. The result is that the firm is able to mount a swift, thorough and successful defense without reinventing the wheel, which helps limit the defense costs and enables HPS to accurately value each claim.

HPS has defended providers of long-term care against common cases involving pressure ulcers, falls, malnutrition and aspirations, as well as high-exposure claims involving abuse and neglect. The latter claims, some of which involve physical and sexual assault, not only carry substantial financial exposure, but also can attract unwanted media attention and thus require a detailed and sophisticated strategic response. HPS, which represents some of the largest long-term care providers in the Great Lakes region, and defends clients across the country, is especially equipped to provide such a defense.

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HPS represents long-term care providers in claims ranging from wounds and falls to abuse and neglect. Since 2020, we have been involved in COVID-19 infection control investigation and claims.

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