Long-Term Care



Long-term care litigation, fueled by the relative absence of caps and outsized awards for punitive damages, has increased dramatically over the past few years. Wilson Elser, in addition to its Medical Malpractice & Health Care Practice, maintains a team dedicated exclusively to long-term care. Intimately familiar with the various types of long-term care facilities as well as associated – and at times conflicting – federal and state regulations, team members defend individual and class action claims through all phases of litigation.

Our clients include a broad range of for-profit and not-for-profit long-term care facilities. They entrust us with the defense claims relating to personal injury, wrongful death, abuse and neglect. Our work frequently requires countering the imposition of punitive damages on procedural and constitutional bases and limiting the use of evidence, such as negative surveys and personnel files, during the liability phase of a trial.

Our team includes licensed nurses who review medical records and materials and provide valuable assistance to our attorneys. As best serves our clients’ objectives, we also consult with geriatric, nursing, surgical and wound care experts from respected major health care facilities.

In keeping with the firm’s overarching tenet that the most effective way to defeat a claim is to prevent its occurrence in the first place, we place the highest premium on risk management. For the vast majority of our clients, this involves crafting strategies that minimize or outright avoid potential liability. If claims are nonetheless triggered, adherence to these calculated risk management strategies serves to bolster potential defenses.

We also are experienced at handling admission agreements, especially with respect to enforcement of arbitration provisions, payment of services and resident discharge.

Thought leaders in this highly nuanced and sensitive area of law, our practice attorneys are sought after within the long-term care community and publish and present in various forums on related issues.