Gordon & Silber’s Nursing Home Defense Practice Group understands the unique challenges in defending nursing homes in lawsuits alleging abuse and neglect. As our population ages, the demand for long-term care will increase, and so will lawsuits against nursing homes. Our attorneys are highly experienced in this practice area and regularly follow the trends impacting nursing homes, corporate owners, operators, as well as directors of nursing and nursing home administrators. One only needs to follow the news to appreciate the risks owners and operators of nursing homes face, including lawsuits for punitive damages, class action lawsuits, regulatory fines, and, very often, criminal prosecutions.
Gordon & Silber’s team of attorneys and in-house medical professionals has the knowledge, experience and professional judgment necessary to successfully defend the wide array of claims particular to nursing homes. The theories of liability against nursing homes are primarily based on Public Health Law § 2801-d. This statute, not unlike statutes in other states such as Florida, provides a private statutory cause of action by residents of nursing homes for deprivation of any resident right. The “resident rights” are extensive, and are found not only in the Public Health Law, but also certain state and federal regulations. Lawsuits against nursing homes typically involve allegations of abuse, neglect and under-staffing, resulting in the development of pressure ulcers, malnutrition, dehydration, elopement, medication errors, injuries from falls, and sexual assault. In addition to compensatory damages, Public Health Law § 2801-d provides for an award of attorney’s fees, punitive damages and class actions.
Our lawyers understand the sensitive nature of long-term care and end of life issues. At the same time we have developed, and utilize in every case, an aggressive and highly proactive model for analyzing and defending claims against the nursing home, its owners and operators, and, potentially, the nursing home administrator. This approach allows our team to quickly evaluate a case and recommend early resolution or trial.