Practice/Industry Group Overview
Nursing homes are facing continually increasing regulatory scrutiny at both the state and federal levels, which has triggered increased civil liability exposure for nursing homes and similar facilities. At Goldberg Segalla, we understand the special concerns and issues involved in defending long-term care and nursing facilities.
Our defense of nursing home claims—which can be at the request of the facility or the insurer—may encompass:
- Skilled nursing facilities
- Assisted living facilities
- Retirement facilities
- Rehabilitation centers
- Home health care agencies
We know that nursing home defense cases require early and thorough investigation in order to identify issues, as well as locate, safeguard and preserve information relating to the claim. We have experience in dealing with claims brought under state public health laws, and are familiar with the statutes and regulations pertaining to nursing homes.
Goldberg Segalla defends claims involving:
- Abuse and neglect
- Decubitus ulcers
- Wrongful death
- Deterioration of chronic illness
- Inadequate supervision and staffing
- Improper use of restraints
- Slips and falls
- Medication errors
- Potential misconduct
- Patients’ bill of rights violations
- Other allegations
The attorneys at Goldberg Segalla pride themselves on providing clients with vigorous defense while also offering proactive solutions to legal problems. While we approach the defense of all nursing home claims with the view that the case will go to trial, we also continuously evaluate each claim for early resolution strategies and alternative dispute resolution possibilities. Our team consists of experienced and dedicated litigators who provide thorough and prompt communication, combined with the knowledge and skills required to successfully defend these specialized cases.
Articles Authored by Lawyers at this office:
Former Client May Sue Without Appealing Underlying Matter
Michael D. Brophy,Seth L. Laver,Michael P. Luongo, November 27, 2014
enerally, a plaintiff has an obligation to mitigate her damages. In the context of a legal malpractice claim, the professional may argue that the plaintiff is obligated to cure the alleged harm by appealing the underlying issue. In the appropriate scenario, the defendant attorney may claim that the...
S.O.L.: The Continuous Representation Doctrine
Peter J. Biging,Seth L. Laver,Jessica L. Wuebker, November 27, 2014
Statute of limitations laws are intended to protect defendants from stale and meritless claims. Moreover, these statutes pressure plaintiffs to institute supported causes of action while the evidence is ripe. Certainly, these statutes are an ally to the defense bar and can be a major obstacle for...
When and How to Report Ethics Violations
Paul S. Devine,Seth L. Laver,Jessica L. Wuebker, November 27, 2014
The legal profession is somewhat unique in that it permits self-policing. An attorney has an obligation to report misconduct; however, a threat to report misconduct may itself run afoul of the ethical rules. At issue are at least two competing rules of professional conduct. We all want to make sure...