Long-Term Care Centers, Officers and Directors : COVID-19 Liability and Risk Management

Preparing Long-Term Care Facilities for Claims Arising From Deaths and Injuries Due to COVID-19

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


Conducted on Tuesday, August 25, 2020

Recorded event now available

or call 1-800-926-7926
Program Materials

This CLE webinar will provide attorneys for long-term care (LTC) facilities, LTC officers and directors, and LTC insurers with an in-depth and realistic look at the claims from a wide range of plaintiffs seeking damages for deaths, injuries, and damages blamed on COVID-19 and the facilities' response to the pandemic. The panel will also discuss available and viable defenses and how to prepare for expected litigation.

Description

The demands on nursing homes, skilled nursing facilities, and senior living centers have never been more intense. Providers and their directors and officers face continually increasing and evolving liability claims from residents, staff, regulatory authorities, shareholders, investors, lenders, and politicians.

Risk and stress for all participants significantly increase when the mission-critical operations of the business are highly regulated and compliance is questioned through civil litigation and regulatory actions. Courts demand that management in highly regulated industries exercise more rigorous oversight.

Representatives of COVID-19 casualties will bring a multitude of claims against LTC facilities and regulators will seek accountability. While some claims will quickly fade, others will be viable.

Listen as this experienced panel discusses what claims and theories of liability to expect against providers and their management from the many different participants, what defenses exist and may have the most promise, and how to prepare now for increased regulatory scrutiny.

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Outline

  1. Possible theories of liability for exposure to COVID-19
    1. Standard of care
    2. Causation
  2. Defenses
    1. Negating the elements of claim
    2. Immunity and waiver
    3. Mandatory arbitration
  3. Class actions
  4. Possible D&O claims
    1. Customers
    2. Securities
    3. Shareholders, investors, lenders
    4. Employees
  5. Regulatory investigations
  6. Employment overview -- Practical tips and regulatory requirements for the employer facilities to limit liability

Benefits

The panel will review these and other key topics:

  • What claims are likely to be made against providers, officers, and directors?
  • How can counsel prepare for the "profits over people" argument?
  • What policy language is the most concerning for policyholders?
  • What kinds of periodic review of internal and external risks should boards establish?
  • What kind of expertise should the board have within its ranks?
  • What kind of risk monitoring programs are most effective?

Faculty

Barringer, Janet
Janet R. Barringer

Partner
Freeman Mathis & Gary

Ms. Barringer defends companies and individuals in a variety of matters ranging from employment claims to business...  |  Read More

Bortnick, Richard
Richard J. Bortnick

Partner
Freeman Mathis & Gary

Mr. Bortnick provides U.S. and international clients with sound, prudent and cost-effective representation and advice...  |  Read More

Dunn, Jill
Jill R. Dunn

Partner
Freeman Mathis & Gary

Ms. Dunn focuses her practice on representing clients in commercial matters, including numerous complex disputes...  |  Read More

Giunta, Michael
Michael P. Giunta

Partner
Freeman Mathis & Gary

Mr. Giunta specializes in complex civil litigation and has represented retailers, manufacturers, nursing homes and...  |  Read More

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