Practice/Industry Group Overview
The Adams and Reese Long-Term Care Litigation Practice deals with the defense of elder care, extended care and nursing home facilities; acute care and rehabilitation hospitals; and assisted living facilities, involved in professional liability litigation, and encompassing legal issues such as Alternative Dispute Resolution (ADR) agreements, business litigation, class action and hospital liability.
Our attorneys are active members of the American Association of Homes and Services for the Aging, American Health Care Association and the American Health Lawyers Association, keeping aware of regional and national issues affecting the industry, while staying well-connected with local and state regulators to handle regulatory and risk concerns.
Not only do our attorneys offer experienced trial and health care counsel, we also have attorneys who have worked in health care: nursing, pharmaceuticals, medical devices, dentistry and health care administration. A significant piece of our practice also includes working with independent accreditation agencies such as JCAHO, NCQA and URAC to assist you with timely licensures and certifications.
Core Practice and Clients
Practicing throughout the United States, our attorneys have served as national and regional counsel in long-term care litigation and represent one of the nation's largest diversified providers of post-acute care services. Our attorneys represent elder care, extended care and nursing home facilities; acute care and rehabilitation hospitals; and assisted living facilities; and health care providers from physicians and managed care companies to ancillary services and institutions with diverse civic and religious missions.
Adams and Reese attorneys represent clients in various long-term care litigation issues, including:
Alternative Dispute Resolution (ADR) agreements: Few long-term care issues have garnered the amount of judicial attention over the last few years as the use of Alternative Dispute Resolution (ADR) agreements. In Tennessee, appellate courts have recently filed numerous opinions on this topic, and the development of the law in Tennessee reflects the increased attention on this issue throughout the country. (The Future of ADR Agreements in Long-Term Care: What's Next? by Adams and Reese attorney Laurens F. "Larry" Brock). The authority of a signor to bind a resident to an agreement is frequently the primary challenge raised by plaintiffs to combat the enforcement of ADR agreements. Under the law as it exists today, if the terms of ADR agreement are fair and reasonable, if the person presenting the agreement adequately explains it, and if the person signing is properly authorized, more likely than not the ADR agreement will be enforceable. When drafting ADR agreements for clients, Adams and Reese attorneys realize the importance of foreseeing the challenges brought on by these complex documents and take the precautionary measures for clients to avoid litigation.
Complex Litigation and Discovery: long-term care litigation cases address care given by our clients over long periods of time and therefore force complex and time-consuming discovery of information by our attorneys in the most efficient manner possible.
Business Litigation: major class action, medical malpractice, products liability, professional liability, ERISA, contested certificate of need, fraud and contractual disputes.
Special Issues Counsel: including a large Certificate of Need and licensure practice, clinical research, professional disciplinary and staffing issues and reimbursement matters.
Compliance: counsel and representation for HIPAA and medical records, illegal remuneration, corporate and EMTALA compliance and anti-fraud and False Claims Act enforcement.
- Achieved successful defense verdict in an alleged wrongful death in a rehabilitation facility.
- Gained successful defense verdict in an alleged wrongful death with multiple consortium claims.
- Assisted in obtaining the dismissal of a $500 million dollar lawsuit against our nursing home client in a personal injury dispute. The dismissal was affirmed by the Sixth Circuit Court of Appeals.
- Represented long-term care facility in preparing plan of correction and responding to subsequent regulatory investigation based on significant quality of care issues disclosed by survey.
- Designed and implemented of comprehensive corporate compliance program for hospital system, including hospital-owned home health agency, skilled nursing facility, rehabilitation hospital and physician practices, and on-going advice regarding enforcement of same.
- Represented long-term care facilities in responding to regulatory inquiry regarding joint venture to provide institutional pharmacy services.
- Drafted, provided training and implementation of ADR Agreements, as well as successful enforcement at multiple trial and appellate levels.
From significant experience on the national and regional scale in federal and state courts and an understanding of the complexities of long-term care litigation, Adams and Reese attorneys help clients resolve disputes and focus more on advancing their business goals and needs.