Long-Term Care

Goldberg Segalla’s long-term care team is dedicated to protecting the interests and reputations of assisted-living, post-acute, and nursing home facilities facing negligence, abuse, and malpractice claims.

Long-term care facilities are burdened with elevated regulatory scrutiny at both the state and federal levels, which has stoked the predatory aggression of the plaintiffs’ bar and triggered an increase in civil claims. Our attorneys understand the special concerns involved in these complex, sensitive, and high-value cases, and we bring a wealth of experience and knowledge to the defense of our clients in the industry.

Led by a former in-house counsel at one of the nation’s largest privately owned long-term care companies, our team has 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, mental health care, continuing care retirement communities (CCRCs), skilled nursing, long-term care pharmacy, 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 other related claims.

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

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

Our Hands-On Experience and Approach

Our team draws on collective experience and insight earned working as in-house counsel for both long-term care facilities and their insurers, serving as board members for long-term care companies, and holding leadership roles in industry organizations, bringing a valuable perspective to our work. More importantly, we build vigorous defenses and offer comprehensive counsel based on intimate familiarity with the inner workings of health care facilities, and a hands-on approach to understanding the needs, philosophy, business model, and daily operations of each client.

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 our clients face a claim, our attorneys get their boots on the ground to meet with critical staff and obtain an understanding of the allegations involved, the resident’s treatment, the regulatory history of the building, and all other relevant issues. With this background, we 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.

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 secure an affidavit of merit in a timely manner
  • Securing the dismissal of a $30 million demand tied to hundreds of claims of physical and psychological abuse against health care professionals employed by the New York State Office for People with Developmental Disabilities
  • 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 settlement for a national long-term carefacility for less than a tenth of a family's $1 million demand after allegations of general negligence against the facility in connection with a resident's fall
  • Obtaining a modest settlement and avoiding a costly trial shortly after jury selection in a nursing home case involving pressure ulcers, in which the plaintiff alleged that insufficient care led to deteriorating health issues
  • 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

Leaders in Long-Term Care Defense

Besides being active members and leaders in legal organizations like the Federation of Defense and Corporate Counsel (FDCC), the Association of Corporate Counsel (ACC), the Claims and Litigation Management Alliance (CLMA), and the Defense Research Institute (DRI), our team members also hold prominent roles in many organizations dedicated to defending and advocating for the long-term care industry, other professionals, and their insurers, including:

  • Long Term Care Risk Forum
  • American Health Lawyers Association (AHLA)
  • Professional Liability Underwriting Society (PLUS)
  • Professional Liability Defense Federation