Long-Term Care Liability
In addition to defending hospitals, physicians and other health care providers as part of our Health Care Liability Practice Group, our firm also represents a wide array of long-term care providers. As the "graying" of the population continues and more attention is being paid to the needs of this burgeoning component of society, the amount of litigation against long-term care providers such as nursing homes, personal care and assisted living facilities, and home health care companies has dramatically increased.
The numbers are staggering. There are more than 50 million people in the United States age 65 or older, accounting for 16 percent of the total population. At present, more than 1.5 million Americans live in the nation's 25,000 assisted living facilities, with an additional 10 million receiving some form of long-term care, including respite and adult daycare in home and community-based settings. America's older population is expected to double by 2030, reaching some 70 million, further taxing an already strained long-term care system.
To address this, our firm has identified a group of attorneys who have years of experience defending personal injury claims against these entities and who concentrate primarily, if not exclusively, on these matters.
The liability issues in these cases are unique to long-term care and can involve allegations of abuse or neglect, or statutory/regulatory non-compliance with state and federal mandates. It is not uncommon to see allegations of negligence per se, fraudulent documentation, and statutory deficiencies. Many cases involve claims for corporate negligence and direct allegations against facility owners and directors for compensatory and punitive damages. They can also involve staffing or budgetary issues which are tied to specific regulations and can require significant motion practice and extensive discovery. In addition, these cases are often complicated by staffing turnover and unsophisticated witnesses. Our attorneys understand these challenges and are skilled at working with our clients to develop the best defense.
Our team of experienced trial attorneys makes it their business to find out early in the litigation exactly what our clients wish to accomplish. We will recommend early resolution of cases when it is in our client's best interest to do so, but we do try cases which must be defended. We also understand and appreciate the concerns of insurance carriers, and clients, regarding claims and litigation expenses and place a priority on working together to manage legal spend. We collaborate among our offices to share ideas and maintain consistency for clients.
As an added service to our clients, our attorneys make themselves available throughout the country to give lectures, seminars or other presentations on issues of mutual concern.
Simply put, Marshall Dennehey affords its clients a unique blend of dedication, geographical coverage, cost effectiveness and expertise in the field of long-term care representation. We would be privileged to work with you in handling your litigation matters.