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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

    Intermediate

  • work Practice Area

    Personal Injury and Med Mal

Date & Time
  • event Date

    Thursday, September 28, 2023

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

$197.00
CLE
ALL

The CLE webinar will guide medical malpractice and personal injury attorneys through bringing or defending lawsuits against assisted living facilities (ALFs) arising from residents' injuries. The panel will discuss how these cases and claims differ from lawsuits against traditional nursing homes (a/k/a skilled nursing facilities) and the applicability of FHA, ADA, and consumer fraud statutes that may apply. The panel will also discuss the growing trend of mandatory arbitration.

Faculty

Parke Morris
Attorney
Parke Morris, PLLC

With over $45 million in settlements and verdicts since 2003, Mr. Morris has handled a number of high-profile cases for clients in Tennessee and across the south involving wrongful death and catastrophic personal injury. He has obtained for clients 11 separate seven-figure settlements, 15 separate settlements over $700,000, and recently obtained a $900,000 verdict for the family of a woman neglected at a Memphis-area nursing home in December, 2009. Nursing abuse and neglect cases represented include injury, preventable falls, dehydration, food poisoning, bed sores, sexual molestation and rape, chemical restraints, and wrongful death.

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Elizabeth A. Hart
Founding Partner
Hailey | Hart

Ms. Hart is a founding partner of Hailey | Hart and specializes in catastrophic personal injury, wrongful death, and elder abuse/neglect cases. She spent her first years of law practice defending insurance companies and large corporations in cases involving personal injury, wrongful death, and catastrophic loss. Years ago, Ms. Hart switched sides, bringing to bear the valuable insight gained as a defense attorney to effectively represent injured people and their families in federal and state court. This shift in focus has been the most rewarding change of her career. She is excited to continue representing real people, with real problems and losses at Hailey | Hart.

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Nora A. Koffman
Attorney
Baker, Donelson, Bearman, Caldwell & Berkowitz PC

Ms. Koffman concentrates her practice in civil litigation across many areas including labor and employment, appellate, products liability, and insurance law in industries such as construction, medical, and commercial motor carrier.

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Description

Abuse and neglect cases against ALFs are on the rise and differ significantly from abuse and neglect cases against nursing homes.

Much litigation arises from "aging in place" and memory care programs and policies that are attractive to operators, residents, and their families. These types of programs can lead to residents having a higher or increasing level of acuity, disability, and health needs than the ALF is equipped or authorized to address. Claims for theft or failure to supervise or manage staff are frequently made.

Whereas nursing homes are highly regulated at both the federal and state level, assisted living facilities are not, although most states do limit who can be admitted into an ALF. But the type of regulations in place and how robustly they are enforced vary.

What services are offered and the standard of care for those services are often questions of community standards or the ALF contract. Corporate structures and management agreements among various affiliated companies can add an additional layer of complexity in determining who makes decisions and controls the process.

Listen as our authoritative panel of practitioners provides an overview of common types of injuries, discusses various types of claims, and equips counsel to bring or defend claims against ALFs.

Outline

  1. Regulation and standards of care
  2. Mandatory arbitration
  3. Claims and theories of liability
  4. Defenses
  5. Experts
  6. Damages

Benefits

The panel will review these and other key issues:

  • What exactly is an ALF and is there a legal definition?
  • Are the issues that serve as the basis for actions against ALFs the same as those against the more traditional skilled nursing facilities?
  • What is driving claims against ALFs?
  • What situations lead to lawsuits against ALFs?
  • What types of damages are allowed and who can bring suit?