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

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

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Thursday, November 10, 2022

Recorded event now available

or call 1-800-926-7926

This CLE course will guide elder law counsel in pursuing and defending 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, resulting in increased lawsuits and, in some instances, criminal prosecutions. Claims against long-term care facilities arise from various facts and circumstances requiring an in-depth understanding of all nuances and challenges involved in pursuing such claims on behalf of plaintiffs and in defending those claims.

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. However, such violations are not synonymous with negligence.

Listen as our panel discusses the complexities of pursuing claims against long-term care facilities, federal and state laws, service provider negligence, standards of care, recent cases and enforcement actions, and critical 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 considerations and pitfalls 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

O’Mahoney, Sean
Sean P. O’Mahoney
Member
Burns White

Mr. O’Mahoney is a Member at Burns White, and is located in the firm’s Philadelphia office. He is...  |  Read More

Thut, Andrew
Andrew J. Thut
Partner
Levin & Perconti

Mr. Thut plays a key role in a number of complex medical malpractice, nursing home, wrongful...  |  Read More

Access Anytime, Anywhere

Strafford will process CLE credit for one person on each recording. All formats include course handouts.

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