Assisted Living Litigation: Common Claims, Defenses, Arbitration, and Damages Assessment
Recording of a 90-minute CLE video webinar with Q&A
The CLE webinar will guide medical malpractice and personal injury attorneys through bringing or defending lawsuits against assisted living facilities (ALFs) arising from residents' injuries. The panel will discuss how these cases and claims differ from lawsuits against traditional nursing homes (a/k/a skilled nursing facilities) and the applicability of FHA, ADA, and consumer fraud statutes that may apply. The panel will also discuss the growing trend of mandatory arbitration.
Outline
- Regulation and standards of care
- Mandatory arbitration
- Claims and theories of liability
- Defenses
- Experts
- Damages
Benefits
The panel will review these and other key issues:
- What exactly is an ALF and is there a legal definition?
- Are the issues that serve as the basis for actions against ALFs the same as those against the more traditional skilled nursing facilities?
- What is driving claims against ALFs?
- What situations lead to lawsuits against ALFs?
- What types of damages are allowed and who can bring suit?
Faculty
Elizabeth A. (Liz) Hart
Founding Partner
Hailey | Hart
Ms. Hart is a founding partner of Hailey | Hart and specializes in catastrophic personal injury, wrongful death, and... | Read More
Ms. Hart is a founding partner of Hailey | Hart and specializes in catastrophic personal injury, wrongful death, and elder abuse/neglect cases. She spent her first years of law practice defending insurance companies and large corporations in cases involving personal injury, wrongful death, and catastrophic loss. Years ago, Ms. Hart switched sides, bringing to bear the valuable insight gained as a defense attorney to effectively represent injured people and their families in federal and state court. This shift in focus has been the most rewarding change of her career. She is excited to continue representing real people, with real problems and losses at Hailey | Hart.
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Nora A. Koffman
Attorney
Baker, Donelson, Bearman, Caldwell & Berkowitz
Ms. Koffman concentrates her practice in civil litigation across many areas including labor and employment, appellate,... | Read More
Ms. Koffman concentrates her practice in civil litigation across many areas including labor and employment, appellate, products liability, and insurance law in industries such as construction, medical, and commercial motor carrier.
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Parke Morris
Attorney
Parke Morris
With over $45 million in settlements and verdicts since 2003, Mr. Morris has handled a number of high-profile... | Read More
With over $45 million in settlements and verdicts since 2003, Mr. Morris has handled a number of high-profile cases for clients in Tennessee and across the south involving wrongful death and catastrophic personal injury. He has obtained for clients 11 separate seven-figure settlements, 15 separate settlements over $700,000, and recently obtained a $900,000 verdict for the family of a woman neglected at a Memphis-area nursing home in December, 2009. Nursing abuse and neglect cases represented include injury, preventable falls, dehydration, food poisoning, bed sores, sexual molestation and rape, chemical restraints, and wrongful death.
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