As the vast number of baby boomers reach retirement age, cases of elder and dependent adult abuse are on the rise. Though long-term care facilities have made considerable advances in improving their quality of care in recent years, they remain especially vulnerable to claims of elder abuse and malpractice, often resulting in state and federal investigations or litigation.
Foley & Mansfield's Elder Law practice group focuses on the defense of long-term care facilities, insurance companies, and risk retention groups. Our attorneys review facility policies and procedures, provide comprehensive legal advice, and handle all type of cases including personal injury, professional negligence, and wrongful death.
Our goal is to protect long-term care and elder care facilities from damaging – and often unsubstantiated – claims of abuse or malpractice. We assist facilities in taking precautionary measures to prevent such claims, and we actively participate in the investigation and documentation of resident and family complaints. Whenever false claims are made about one of our clients in the media, we take legal action to ensure the facility's reputation remains untarnished.
Involved in every stage of the litigation process, experience has taught us the importance of having a systematic response to critical incidents to minimize the facility’s risk of liability and strengthen its defense. Following initial contact with the appropriate investigators and experts, we ensure timely arrival at the facility to preserve all evidence in anticipation of a claim and/or lawsuit. We then assist the facility and its employees in navigating the discovery process and implement an aggressive, strategic defense of the matter through trial.
Our services for long-term care facilities include:
- Drafting policies and procedures
- Implementing a formal system for handling family/resident complaints
- Drafting admissions paperwork or lease agreements
- Resolving non-litigated claims by family members (e.g., missing items, improper transfer of patient resulting in fall)
- Drafting employment contracts
- Handling employee violations of confidentiality
- Canceling contracts
- Developing educational programs for the facility
- Responding to inquiries from the Family Council
- Negotiating claims of wrongful termination
- Investigating incidents in anticipation of litigation
- Communicating directly with the City and County regarding the status of investigations, inspections, and complaints
- Taking employee statements on incidents that may be litigated
- Filing unlawful detainer actions against Independent Living Unit residents
- Managing public relations (e.g., taking legal action when libelous statements about the facility have been made)
Members of our Elder Care team are active in industry organizations, and frequently contribute to related publications and conferences. We also conduct training for long-term care facilities, whether formal seminars or informal "lunch and learn" presentations. Please contact Chair Noelle Natoli-Duffy for more information or assistance.
ELDER LAW ATTORNEYS
ELDER LAW NEWS
The national defense firm of Foley & Mansfield is pleased to announce it has been ranked 15th on Law360’s 2016 list of the 100 best U.S. law firms for women.
The national law firm of Foley & Mansfield is pleased to announce it has raised more than $7,000 for the Safe Water Safe Homes Fund established by the Community Foundation of Greater Flint in response to the 2014-2016 Flint Water Crisis.
January 5, 2015
Foley & Mansfield Elects Six Attorneys to Partnership
Foley & Mansfield today announced that six attorneys have been elected to the firm partnership. All have been associates with the firm and, representing a broad range of practice areas, this group of talented attorneys will help the firm continue to diversify its business in the coming years.
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