The population is aging, life expectancy is increasing and litigation against long-term care providers, including nursing homes, personal care homes and assisted living facilities, is growing. Nearly 18% of the U.S. population is aged 65 and older, and that number is only expected to increase in the coming years, further taxing an already strained long-term care system.
Our long-term care liability team provides skilled counsel and excellence in representation when it comes to defending long-term care facilities and providers against personal injury claims. Many of our health care attorneys concentrate primarily, if not exclusively, on defending this litigation. We have the experience, knowledge, dedication and geographical capability to efficiently and cost-effectively resolve such matters.
Defending long-term care cases requires an understanding of a unique set of issues different than those found in traditional malpractice cases. Claims can involve allegations of abuse or neglect, or statutory/regulatory non-compliance with state and federal mandates. Additionally, 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. These cases are often further complicated by staffing turnover and unsophisticated witnesses.
Our attorneys understand these challenges and are skilled at working together with clients to develop the best defense and accomplish the desired outcome while managing legal spend. Each case is unique and requires its own strategic approach. When it is in our client’s best interests, we will recommend early resolution, but we also will not hesitate to try cases which must be defended.
Results
Summary Judgment Received in a Nursing Home Malpractice Case
We received summary judgment in the defendant’s favor in a nursing home malpractice case. The plaintiff claimed that the facility failed to prevent various conditions and injuries during the resident’s admission—such as UTI/sepsis, acute kidney injury/metabolic encephalopathy, dehydration and failure to thrive/weight loss, and skin breakdown. The plaintiff alleged these developments resulted in numerous damages, including, but not limited to, death. Our motion for summary judgment on behalf of the defendant sought dismissal on the grounds that the facility held immunity pursuant to the Pennsylvania Tort Claims Act. The plaintiff hotly disputed the issue. Ultimately, several rounds of briefing were required to achieve the ruling in the facility’s favor.
Defense Verdict Obtained in Binding Arbitration Involving Medical Malpractice Claims
We obtained a defense verdict in binding arbitration on behalf of a nursing home client. The plaintiff alleged that the nursing staff provided inadequate pressure-reducing devices and negligently cared for his lower extremity, allegedly resulting in a below-the-knee amputation and permanent and total disability. We established that, not only did the nursing staff treat the resident in accordance with the standard of care but, also, the resident’s below-the-knee amputation was caused by the resident’s vascular conditions and comorbidities, not by any alleged actions and/or inactions of the nursing home staff. After a lengthy arbitration, the arbitrator ultimately found in favor of the defense.
Thought Leadership
The Quarterly Dose
New Leverage for Defendants: Burckhardt’s Impact on New Jersey Nursing Home Act Litigation
June 11, 2026
In a unanimous, unpublished opinion issued on February 24, 2026, the New Jersey Superior Court, Appellate Division, affirmed the dismissal of claims against a rehabilitation facility based on the plaintiffs’ failure to prove proximate causation—an essential element of negligence claims as well as claims brought under New Jersey’s Nursing Home Act (NHA). Although unpublished, Burckhardt v. Advanced Subacute Rehabilitation Center at Sewell, LLC provides important guidance for defendants facing nursing home malpractice and Resident-Rights Act litigation. Background of the Case The decedent, Burckhardt, was a 72-year-old resident at Advanced Subacute Rehabilitation Center at Sewell (Advanced). He had numerous medical conditions, including encephalopathy, diabetes mellitus, hypertension, urinary tract infection, respiratory failure, dysphagia, and required assistance with activities of daily living, including eating. The plaintiffs alleged that Advanced failed to follow Burckhardt’s care plan by leaving him alone in his room while eating and failing to follow his care plan. During that time, he choked and required emergency medical intervention and was hospitalized. Burckhardt suffered cardiac arrest and died two days later. His children, the Estate representatives, filed suit against Advanced, alleging negligence and violations of the NHA based on the alleged failure to appropriately “monitor” him during meals as care planned for. Trial Court’s Ruling After five days of testimony, the trial court granted a directed verdict in favor of Advanced, dismissing all claims. The court concluded that the plaintiffs failed to present sufficient evidence of proximate causation. Specifically, Advanced argued, previously via summary judgment and again at trial, that neither of the plaintiffs’ medical experts offered sufficient testimony establishing that the alleged lack of staff presence was a “but-for” or “substantial factor” cause of Burckhardt’s injuries and death, as required under New Jersey law. The trial court agreed. It emphasized that the plaintiffs’ nursing expert, Bonnie Tadrick, testified only as to the applicable standard of care and an alleged failure to monitor, but admittedly did not offer an opinion on causation. The plaintiffs’ physician expert, Dr. Hood, testified about the mechanics of choking and identified choking as the cause of death. However, Dr. Hood failed to opine that any conduct by the Advanced staff caused, increased the risk or worsened the choking episode. Without expert testimony linking the alleged breach of care to the outcome, the court found the plaintiffs’ proofs legally insufficient and dismissed the case. Appellate Division’s Analysis The Appellate Division affirmed, carefully analyzing the causation requirements for both negligence and NHA claims. The court held that the Estate failed to establish the essential causal link between any alleged lapse in care and Burckhardt’s injury. With respect to Nurse Tadrick, the court noted that while she testified about the standard of care and the need for monitoring, she admitted she was not offering a causation opinion—and could not do so under New Jersey law, which prohibits nurses from testifying about medical causation. Her testimony did not explain how staff presence in the room would have prevented the choking, altered its severity or the ultimate outcome. As to Dr. Hood, the Appellate Division acknowledged that he was qualified to testify on causation but found his testimony inadequate. Although he explained how choking occurs and identified it as the cause of death, he never testified that the alleged absence of staff caused the choking or was a substantial factor in producing the injury. He also never opined that the staff failed to timely respond to the alleged incident. The court stressed that to reach a jury, plaintiffs were required to present evidence from which a jury could reasonably conclude that the absence of staff increased the risk of harm and that earlier intervention would likely have changed the outcome. In this case, the plaintiffs failed to meet that minimal threshold. Nursing Home Act Claims and Causation The Appellate Division also squarely addressed whether NHA claims require proof of causation. The Estate argued they did not. The court rejected that argument, holding that causation is required even though the NHA does not explicitly use the word. The court reasoned that damages are, by definition, compensation for harm, and recovery without a causal connection would make little sense. The court further held that the NHA claims failed for an additional reason: the Estate did not establish a separate or distinct injury attributable to the alleged resident-rights violation. Even if causation had been established, the absence of proof that the alleged NHA violation resulted in an independent injury was fatal to the claim. Significance of Burckhardt Although unpublished, Burckhardt is a meaningful decision for defendants in nursing home litigation. The Appellate Division’s clear statement that NHA claims require proof of proximate causation—and an identifiable injury tied to the alleged statutory violation—provides defendants with a powerful basis for early motion practice. The decision supports dispositive motions at the summary judgment stage where plaintiffs’ experts fail to connect alleged care deficiencies to a specific injury. It also serves as a lesson to defense counsel to renew the dispositive motion grounds at the end of a plaintiff’s case, where appropriate.
The Quarterly Dose
Long-Term Care Liability
February 25, 2026
As the U.S. population ages and life expectancy rises, long‑term care providers face increasing pressure—not only from growing demand, but also from a sharp rise in litigation. Nursing homes, personal care homes, and assisted living facilities are navigating heightened scrutiny and an already strained care system. Our long‑term care liability team is dedicated to defending these providers, offering deep experience, broad geographic reach, and a focused understanding of the unique challenges inherent in this type of litigation. Long‑term care cases often involve complex allegations ranging from abuse, neglect and regulatory non‑compliance, to claims of corporate negligence, fraudulent documentation and punitive damages. These matters can be further complicated by staffing issues, extensive discovery needs, and the involvement of inexperienced witnesses. Our attorneys work closely with clients to craft tailored defense strategies that balance strong advocacy with cost‑effective decision‑making. Whether pursuing early resolution or taking a case to trial, we are committed to achieving the best possible outcome for every client. Our practice co-chairs, Leslie Jenny and Lynne Nahmani, lead a talented team of trial lawyers who concentrate on defending long-term care litigation. Their philosophy: “As the long‑term care landscape grows more complex, our mission remains simple: deliver smart, strategic, and unwavering defense for the providers who care for our aging population. Every case presents its own challenges, and we take pride in partnering closely with our clients to navigate them with clarity, efficiency, and confidence.” The Quarterly Dose – February 2026, has been prepared for our readers by Marshall Dennehey. It is solely intended to provide information on recent legal developments and is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. ATTORNEY ADVERTISING pursuant to New York RPC 7.1. © 2026 Marshall Dennehey. All Rights Reserved. We welcome the opportunity to provide such legal assistance as you require on this and other subjects. If you receive this publication in error, please send a note to MEDesatnick@mdwcg.com.