Long-Term Care

Goldberg Segalla’s long-term care team is dedicated to protecting the interests and reputations of nursing homes, assisted-living, and post-acute facilities that are the target of negligence, abuse, and malpractice claims. These facilities are facing elevated regulatory scrutiny at both the state and federal levels, which has triggered an increase in civil claims. Our attorneys understand the special concerns involved in these complex cases, and we bring a wealth of experience and knowledge to the defense of these facilities.

We’ve successfully represented facilities that provide vital treatment and care to our aging and disabled populations, including those focusing on long-term and post-acute care, skilled nursing, assisted living, independent living, and rehabilitation.  Our team has handled nearly every type of claim that can arise in these settings, including those involving negligence, malpractice, wrongful death, failure to treat and failure to diagnose, staffing issues, and related claims.

Our Hands-On Experience and Approach

We draw upon our team’s previous experience working as in-house counsel and serving as board members for long-term care companies, as well as our intimate understanding of the inner workings of health care facilities, to bring a unique and valuable perspective to our work.

We rely on our deep knowledge of the industry and developments at the state and federal levels to help our clients reduce the risk of liability and prevent costly litigation. When a claim is brought, our attorneys get their boots on the ground to meet with critical staff and obtain an understanding of the claims involved, the resident’s treatment, and the regulatory history of the building.  With this background, we are able to provide an early assessment of the case and devise an effective and efficient defense strategy.

While many of these cases are resolved through negotiations prior to trial, our team stands ready to try these matters to verdict. Collectively, the attorneys on our team have handled nearly 400 trials, with more than 50 of those cases relating to the defense of long-term and post-acute care providers.

Goldberg Segalla defends claims in many areas, including, but not limited to:

  • Abuse and neglect
  • Dehydration
  • Malnutrition
  • Decubitus ulcers
  • Injuries
  • Wrongful death
  • Elopement
  • Deterioration or chronic illness
  • Inadequate supervision and staffing
  • Improper use of restraints
  • Falls
  • Medication errors
  • Potential professional misconduct
  • Residents’ bill of rights violations

Leaders in Long-Term Care Defense

Some recent successes on behalf of our clients include:

  • Obtaining the dismissal of a claim against a long-term care provider based on the plaintiff’s failure to timely secure an affidavit of merit.
  • Securing the dismissal of hundreds of claims of physical and psychological abuse against health care professionals employed by the New York State Office for People with Developmental Disabilities. The dismissal followed a $30 million demand by the plaintiffs.
  • Successfully mediating a case involving claims of wrongful death and violations of the New Jersey Nursing Home Rights and Responsibilities Act brought by the estate of a resident who, despite safety measures in place, suffered a serious fall at the facility. Through the use of an expert neurologist, our team was able to secure a significantly reduced settlement during the early stages of litigation.
  • Obtaining a below-market settlement for a national long-term care facility after a resident’s family alleged general negligence against the facility in connection with the resident’s fall. The family initially demanded $1 million, and our attorney settled the case for less than a tenth of that.
  • Successfully representing a nursing home in a case involving pressure ulcers, in which the plaintiff alleged that insufficient care led to deteriorating health issues. Our team avoided the cost of a trial and secured a modest settlement shortly after jury selection.
  • Representing a home health agency in a matter involving a morbidly obese, partially paralyzed patient who fell from a lift during a transfer from the wheelchair to the bed. Our team helped prove that a family member — not an agency employee — was responsible for the placement of the lift’s sling, leading to the fall.