Long-Term Care Litigation
ong-term care litigation is a fast-growing area of healthcare litigation, with an increased sophistication in the cases filed and litigated in the past several years. Provisions of the Illinois Nursing Home Care Act make lawsuits against nursing homes both simpler to file and less expensive to prosecute than the typical medical malpractice suit. The financial incentives for targeting long-term care facilities have arisen at a time when they face institutional pressures caused by an increase in the elderly population, a shortage of skilled staff and overall increases in health care costs.
In this climate, an advanced, proactive system of defense for long-term care facilities is necessary. The Anderson, Rasor Long-Term Care Litigation team offers just that to its clients. Our diverse team includes lawyers with a wealth of trial experience, attorneys who have handled all aspects of long-term care litigation, as well as nurse-attorneys who contribute invaluable medical insight to the analysis of potential exposure and strategy formulation.
From the moment the client calls to request our assistance, we know precisely what documentation will need to be procured and what persons and/or witnesses will need to be contacted. We are well-acquainted with the charting and documentation practices unique to the field of long-term health care, as well as the myriad regulatory and statutory guidelines upon which much of the litigation is based.
Most importantly, while we are well-versed in the day-to-day handling of cases, we consider it a priority to address the “big picture” issues that will aid our clients in their decision-making. For each case, we quickly provide a comprehensive analysis of the applicable law and all current and potential issues, and a definitive assessment of the defendants’ potential exposure. We devise a litigation strategy, taking into account each client’s unique needs and goals. Then we execute our strategy with efficiency, focus and flexibility as new facts become known.
The Long-Term Care Litigation Team is supported by a firm with decades of deep experience in medical malpractice and health care law and active practices in those areas. Anderson, Rasor has attorneys who practice regularly before agencies that regulate the healthcare industry, including the Illinois Department of Professional Regulation and the Illinois Department of Public Health, and have represented healthcare facilities in investigations or inquiries instituted by other federal and state agencies. Our firm can provide counseling on a variety of non-litigation issues that are confronted by long-term care facilities. Anderson, Rasor’s appellate practice provides us with up to the minute updates and analysis of any new case law impacting our practice. And our firm’s experience and reputation in defending health care providers allows us access to nationally recognized medical, nursing and other experts who can assist us.
Recently, ARP attorney Christopher T. Scolire obtained summary judgment on behalf of a hospital in a case involving allegations that one of the hospital’s beds malfunctioned and caused the plaintiff multiple head and upper body injuries. Throughout both written and oral discovery, the evidence revealed that the hospital had no notice of any defect in…
Anderson, Rasor & Partners, LLP, is pleased to announce the hiring of two new associates, Jennie E. Miskell and Whitney L. Burkett. Ms. Miskell obtained her undergraduate degree from Northern Illinois University with high honors in 2010 and subsequently graduated magna cum laude from Northern Illinois University College of Law in 2013. Ms. Miskell has considerable experience in all…
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