There are a variety of factors that influence the difficult litigation environment for senior living and long-term care providers. While some are familiar issues that have been exacerbated as a result of the pandemic, others are new challenges facing the industry. Aberration verdicts are on the rise, case backlogs have judges aggressively working their dockets and encouraging resolutions, and new CMS imposed rules require changes to arbitration agreements and disclosures for certain providers.
In this episode of Risk Insights: Senior Living and LTC, Drew Graham, partner with Hall Booth Smith and defense attorney specializing in senior living and long-term care, joins Tara Clayton to review how litigation for owners and operators has changed in the post-COVID-19 era. Among their topics of conversation:
- The similarities and differences between acute care medical malpractice claims and those in senior living and long-term care communities,
- The rise and impact of third-party litigation funded lawsuits, and,
- Tips for how providers can work with defense counsel to educate jurors about the industry and better calculate potential damages.