Long-Term Care Liability

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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.

Marshall Dennehey affords its clients a unique blend of dedication, geographical coverage, cost effectiveness and expertise in the field of long-term care representation. 

Jenny_Leslie_M
Leslie M. Jenny, Co-chair
Nahmani_Lynne
Lynne N. Nahmani, Co-chair

Defense Verdict Secured in a Contentious Long-Term Care Case

Long-Term Care Liability

We received a defense verdict in a contentious long-term care case that included a unique spoliation issue, allegations of cover-up regarding the cause of death and a “no show” plaintiff. A longtime nursing home resident, who was suffering from “end-stage dementia,” died nine days after suffering head trauma following a fall. The plaintiff was the resident’s son who was not his mother’s guardian. The plaintiff contacted a lawyer who delivered the body across Pennsylvania to a forensic pathologist for a private autopsy.

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Defense Verdict Obtained in Pennsylvania Medical Malpractice Case

Long-Term Care Liability

We secured a defense verdict on behalf of an extended care facility in a medical malpractice case. The plaintiff alleged negligence regarding the development and progression of certain wounds that the plaintiff’s decedent developed throughout her treatment at various medical facilities. The evidence presented to the jury support the argument that the decedent’s wounds occurred prior to her arrival at the insured’s facility and that, while at the facility, the wounds were properly treated. The jury returned a verdict in approximately 30 minutes.

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Summary Judgment Granted in Highly-Publicized Medical Malpractice Case

Long-Term Care Liability
Health Care Liability

We obtained summary judgment in a medical malpractice action, which was covered in The New York Law Journal. The plaintiff, a man severely debilitated by a stroke, alleged that our nursing home client had admitted him with 14 pre-existing pressure sores. Through our expert, the records and our client’s deposition testimony, we established that all of the plaintiff’s pressure sores either stabilized or resolved during his two-month admission. The court found no deviations from the accepted standards of care and dismissed the case.

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Partial summary judgment on behalf of a nursing home and its corporate defendants.

Long-Term Care Liability

In the complaint and throughout discovery, the plaintiff raised claims of overarching neglect in addition to a fall that occurred during physical therapy. The plaintiff alleged negligence, corporate negligence, and punitive damages premised upon allegations of understaffing, Department of Health violations and putting profits over patient care. The plaintiff sought to hold not only the nursing home, but also its management company and a holdings company, liable for such claims.

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News

Marshall Dennehey Expands Health Care Practice In Ohio

Marshall Dennehey Warner Coleman & Goggin is pleased to announce that Leslie M. Jenny, Esq., has joined the firm as a shareholder in its Cleveland office. An experienced litigator, Jenny brings her statewide medical malpractice litigation practice to the firm's growing health care department. Throughout her 17-year legal career, Jenny has defended clients in matters related to catastrophic medical malpractice, medical device and pharmaceutical liability, and long-term care.      

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Events

Aug 5,
2019

FALA Annual Conference and Tradeshow

1:15PM
Orlando
FL
Janice Merrill is presenting "Looking Under the Hood: Is it Time for an Admission and Arbitration Agreement Tune-Up?" at the Florida Assisted Living Association’s annual conference.
More Info