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Long-Term Care (LTC) Litigation

The defense of long-term care litigation cases requires a specialist’s touch. Although claims filed against our long-term care clients may have similarities to cases handled regularly by our Professional Liability Defense Group, their cases are intertwined with a myriad of regulatory and statutory issues that can dramatically increase the client’s exposure to other potential problems. Coupled with the increased presence of Plaintiff’s firms who handle such cases nationally, the defense of long-term care matters is not a practice well suited for “dabblers.”

Post & Schell has created a specialty area of long-term care litigation defense within our Professional Liability Defense Department. Our professional liability attorneys have handled thousands of complex medical negligence cases. We have chosen a select group of these attorneys to defend our long-term care clients. In addition to being proficient at the defense and trial of medical negligence issues, our team is well versed in the long-term care industry. They collaborate closely with our health care lawyers who are intimately familiar with the statutory complexity and quality-of-care issues facing our clients. Our lawyers stay abreast of national claim trends in the long-term care industry, write and speak on the issues facing the industry and interface regularly with colleagues who handle this cases throughout the country.

Whether the issue is alleged negligent management of a patient’s care, a claim of inappropriate staffing, or allegations of consistent deviation from patient care plans resulting in abuse and neglect, our attorneys are prepared to respond. We are acutely sensitive to the potential interplay between civil litigation, government enforcement and possible criminal prosecution that may arise from the same incident that is the basis of the plaintiff’s claim. We strive to protect our long-term care clients from these risks by providing a cross department focus to a complex and demanding area of the law.

The defense of these claims requires aggressive proactive representation. Our attorneys maintain small caseloads so that they can meet that goal. We quickly review medical files, meet with our clients and witnesses and assess the case for defense and value. We understand that our clients’ goal may be a fair and prompt resolution of a case; we value our reputation as skilled courtroom advocates who have consistently demonstrated the ability to try a difficult case to a successful conclusion.