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Long-Term Care Liability

For many years, in addition to defending hospitals, physicians, and other health care providers as part of our Health Care Liability Practice Group, our firm has also represented a wide array of long-term care providers. In the last five to 10 years, as the "graying" of the population has continued and more attention has been 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 approximately 35 million people in the United States age 65 or older, accounting for 13 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.

While the liability issues arising out of long-term care frequently involve "traditional" medical malpractice and are handled under the umbrella of medical liability, they often involve issues unique to long-term care, such as abuse or neglect, or statutory/regulatory non-compliance with state and federal mandates. Our attorneys are prepared to address the variety of legal issues confronting owners, operators, and insurers of long-term care facilities, and have substantial experience in doing so.

A major strength of this group, and indeed the entire firm, is our ability to handle claims in a multitude of jurisdictions. The firm's eight offices in Pennsylvania, four in Florida, two in New Jersey, two in New York, and one each in Ohio and Delaware enable us to provide coverage throughout these states.

Our firm understands and appreciates the concerns of clients regarding claims and litigation expenses. Top management within the firm has roots in the claims industry, and therefore, we have always been extremely sensitive to our clients' desire to control expenses.  Our multi-office network is just one example of the efforts undertaken to accomplish this goal.

Our team of experienced trial attorneys makes it their business to find out early in the litigation exactly what our clients wish to accomplish. While we never hesitate to try those cases which must be staunchly defended, we will recommend early resolution of cases when it is in our client's best interest to do so.

As an added service to our clients, our attorneys frequently 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 long-term care litigation matters.

Sep 29, 2014
Obtained a defense verdict on behalf of an Ohio assisted living facility, its executive director and business office manager, after a week-long trial.  The lawsuit was brought by the family of a 74-year-old facility resident and involved claims...
Oct 29, 2010
Attorneys obtained a defense verdict in a long-term care negligence claim brought against a nursing home. The plaintiff, a 75-year-old man with a prior medical history of stroke, back surgery, knee surgery, diabetes, etc. had hip replacement...
Nov 30, 2009
Attorney successfully obtained an Order limiting Plaintiff's recovery of damages at trial.  Plaintiff filed a Complaint alleging nursing home malpractice after the decedent suffered a fall and fractured her hip at the nursing home, which was a...
Dec 23, 2008
Attorneys were victorious in the Appellate Division against plaintiffs, the children of a woman who was allegedly sexually assaulted by the employee of a nursing care facility. The plaintiffs did not find out about the assault until many months...
Dec 23, 2008
Attorneys were victorious in the Appellate Division. The Appellate Division affirmed the denial of the plaintiff's motion to consolidate two arbitration proceedings. Defendant engineering subconsultant was sued by the architect who had hired...
Nov 10, 2008
Attorneys obtained partial summary judgment in a nursing home malpractice action where plaintiff alleged that a Certified Nursing Assistant (C.N.A) negligently transferred her from the wheelchair to the bed which resulted in a fall. Plaintiff...
Sep 22, 2008
Attorneys received a defense verdict in an eight-day nursing home negligence trial in which plaintiff alleged that her husband was allowed to develop a pressure ulcer, malnutrition and dehydration while a resident at defendant's long term skilled...

Pages

Defense Digest Article December 17, 2013
By Jason P. Ferrante, Esq.* Key Points: The U.S. Supreme Court has allowed arbitration agreements, even in wrongful death matters involving long-term care facilities. An Ohio appellate court disagrees and has opened the door for more..., Defense Digest, Vol. 19, No. 4, December 2013 Defense Digest is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers. This publication is not intended to provide...
Defense Digest Article September 1, 2012
Key Points: The proscription against the plaintiff requesting an amount for non-economic damages also precludes the plaintiff from providing the jury with a formula. It is important to raise a timely objection to an improper argument..., Defense Digest, Vol. 18, No. 3, September 2012
Defense Digest Article June 1, 2012
Florida – Long-Term Care Key Points: Provisions in an arbitration agreement which serve to limit the liability of the long-term care provider should be avoided since they typically will not be upheld in Florida courts...., Defense Digest, Vol. 18, No. 2, June 2012
Law Alerts April 1, 2012
The petitioner, a nursing home resident, filed suit against Manor Care for negligence and a violation of her resident's rights. Pursuant to an arbitration agreement signed by the parties, Manor Care moved to compel arbitration, which was granted..., Case Law Alert - 2nd Qtr 2012
Defense Digest Article June 2, 2011
Pennsylvania – Long-Term Care , KEY POINTS: The court found that the statutory provisions of the Federal Nursing Homes Reforms Amendments Act met the requirements for conferring individual rights enforceable under 42 USC §1983. The court stressed that actions for..., Defense Digest, Vol. 17, No. 2, June 2011
Defense Digest Article March 1, 2011
Pennsylvania – Long-Term Care , Key Points: The expansion of corporate negligence to skilled nursing facilities provides a separate avenue for plaintiff's attorneys to hold nursing facilities directly liable for patient care..., Defense Digest, Vol. 17, No. 1, March 2011
Law Alerts October 1, 2010
The Pennsylvania Superior Court held that a nursing home could be found liable under a corporate negligence theory. The court found that a nursing home is analogous to a hospital in the level of its involvement in a patient's overall health care..., Case Law Alert - 4th Qtr 2010

Pages

January 16, 2013
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....
Seminar Sep 25, 2012
Risk Management Through Documentation: How Documentation Within a Resident's Medical Chart and Other Sources Can Impact a Medical Negligence Claim - Michele Primis, Esquire This presentation will explain the elements of a medical negligence...
Conference Jan 28, 2014
Janice Merrill is a presenter at one of the nation's premiere long-term care defense litigation conferences, the American Conference Institute's Fourth Annual Forum on Preventing and Defending Long-Term Care Litigation, scheduled...
Seminar Mar 7, 2014
Join members of the long term care community at this informative presentation on important issues facing today's health care providers. Marshall Dennehey attorneys Michele Primis, Tony Williott and Patricia Monahan will present "The Good,...
Conference Aug 11, 2014
Janice Merrill and John Heilman are speaking at the upcoming Florida Assisted Living Association 2014 Annual Conference. In the session "Outsmarting Smart Technology: Legal Ramifications in the Assisted Living Setting," Janice and John...
Conference Oct 5, 2014
Lynne Nahmani, a shareholder in the Health Care Department, is presenting a concurrent session at the 65th Annual AHCA/NCAL Annual Convention & Expo. "Sex and the Facility: Understanding and Reducing Liabilities" will address the rise...

Chair

Frank P. Leanza
Chair, Long-Term Care Liability Practice Group
(973) 618-4174
fpleanza@mdwcg.com

Co-Chair

T. Kevin FitzPatrick
Director, Health Care Department
(610) 354-8252
tkfitzpatrick@mdwcg.com

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