Claims Against Long-Term Care Facilities: Negligence, Damages, and Individual Criminal Liability

Recording of a 90-minute CLE webinar with Q&A

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Conducted on Tuesday, October 22, 2019

Recorded event now available

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Course Materials

This CLE course will guide elder law counsel on the legal issues and critical challenges in pursuing claims against long-term care facilities and related service providers. The panel will discuss federal and state regulations, standards of care, service provider negligence, damages, recent cases, and enforcement actions, and potential criminal liability.

Description

Long-term care facilities are heavily regulated at both the state and federal levels, which has resulted in an increased number of lawsuits, and in some instances, criminal prosecutions. Claims against long-term care facilities arise from a variety of facts and circumstances requiring an in-depth understanding of all nuances and challenges involved in the pursuit of such claims on behalf of plaintiffs.

The types of claims pursued by litigants typically involve improper care or treatment, failure to monitor, and resident abuse. Also, claims can include inept service provider training, potential professional misconduct, and inadequate procedures. Facilities participating in the Medicare program must comply strictly with federal and state regulations; the failure to do so is punishable with high penalties and costly remedial measures.

Listen as our panel discusses the complexities involved in the pursuit of claims against long-term care facilities, applicable federal and state laws, service provider negligence, standards of care, recent cases and enforcement actions, and key techniques for litigation

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Outline

  1. Governing laws, regulations, and oversight
  2. Standard of care requirements for long-term care facilities
  3. Key considerations and mishaps to avoid in the pursuit of claims against long-term care facilities
  4. Gathering supporting documentation
  5. Settlement options and negotiation strategies

Benefits

The panel will review these and other key issues:

  • What are the governing laws and regulations applicable to long-term care facilities?
  • What oversight organizations exist and what are their essential functions?
  • What are the standard of care requirements for long-term care facilities?
  • What are the potential causes of action for noncompliance?
  • What are the considerations and mistakes to avoid in pursuing claims against a long-term care facility or service provider?
  • What are the potential challenges in gathering the required supporting documentation?
  • Who could be subject to potential criminal prosecution?
  • What are the critical considerations in negotiating settlements?

Faculty

Battersby Black, Margaret
Margaret P. Battersby Black
Partner
Levin & Perconti

Ms. Black has played a key role in a number of nursing home and medical malpractice cases. She is well-known for her...  |  Read More

Emerson, Nicholas
Nicholas Emerson
Atty
Levin & Perconti

Mr. Emerson served as an extern for the Honorable James N. O'Hara, Circuit Court of Cook County, Law Division in...  |  Read More

Fillmore, Monica
Monica C. Fillmore
Member
Burns White

Ms. Fillmore is a skilled litigator who represents healthcare providers and institutions in long-term care, medical...  |  Read More

Ruggiero, Bryan
Bryan A. Ruggiero
Attorney
Levin & Perconti

As a law clerk for Levin & Perconti, Mr. Ruggiero closely assisted attorneys during depositions and trials,...  |  Read More

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