Skilled Nursing & Senior Care Facilities

Morrison Mahoney’s team of skilled nursing attorneys routinely handles cases of alleged malpractice against skilled nursing and assisted living facilities and home care providers in a range of matters. From our representation of the nation’s largest nursing home chain to our representation of regional and independent nursing home and assisted living facility operators, our attorneys are experienced in the increasingly complex challenges facing the industry presented by the difficulties in maintaining high quality care in the ever-changing medical world.

Our attorneys have represented skilled nursing facilities and professionals in a variety of matters involving guardianship issues and visitation rights, claims of negligent security resulting in assault and murder, and permanent injunctive relief against disruptive family members who threaten the health and safety of staff and residents. We have also represented clients in issues involving decubitus ulcers, improper use of restraints, physical and sexual abuse, and malnutrition.

Our attorneys maintain a high level of involvement in skilled nursing law, and regularly speak at risk management seminars, write articles on areas of concern, address elder law issues affecting residents, and serve on malpractice tribunals to screen cases for compliance with the Massachusetts malpractice statute.

There is a unique range of issues associated with long-term care facilities including balancing the needs of the residents with the wishes of families and friends, all while facing cuts in patient-care reimbursement rates and spiraling litigation. Our Long-Term Care and Aging Services Advocacy Group represents skilled nursing and rehabilitation facilities, assisted living facilities, continuing care retirement communities, home health agencies, and hospice agencies. From the courtroom to the various regulatory agencies that impact the provision of aging services, our attorneys provide advocacy and litigation services to our clients in the many areas that challenge their operations. We partner with our clients to minimize their exposure to risk and to provide the most efficient legal services, enabling them to focus on delivering the highest quality healthcare to their patients.

Our attorneys have practical experience in all aspects of senior care litigation and consulting, including:

• Defense of abuse, neglect, and malpractice cases
• Representation of nurses, administrators, and certified nurse aides before their respective licensing boards
• Administrative discharge and transfer matters
• Development, drafting, and submission of plans of correction and requests for informal dispute resolution
• Civil enforcement actions in cases of abuse, neglect, and Medicare/Medicaid fraud matters
• Investigating drug diversion cases
• On-site law enforcement investigations
• Advising long term care facilities on matters of regulatory compliance
• Advocating for long term care facilities at all levels of the informal dispute resolution process
• Coordinating investigations by the Dept. of Public Health and Executive Office of Elder Affairs
• Witness preparation of clinicians testifying before grand juries
• Representation at guardianship proceedings, including Rogers Guardianship matters concerning the administration of anti-psychotic medication
• Advising and handling HIPAA compliance matters
• Drafting of third-party vendor contracts
• Drafting of admissions/ADR agreements
• In-house training on documentation, incident investigations, abuse prevention, and mandated reporting

Please contact any of our skilled nursing attorneys to determine whether we can assist you with your legal matter.