Senior Living & LTC: Litigation perspectives in the post-COVID-19 era

Listen to senior living and long-term care specialists review how litigation in the industry has changed in the post-COVID-19 era including how judges are managing the backlog of cases, the rise of private-equity backed lawsuits, and tips for how defense counsels can better calculate potential damages.

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.
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Key takeaways

Court is in session

As court proceedings return to normalcy post-COVID-19, cases that were dormant are ramping up. Maintain communications with your lawyers and witnesses so you are prepared as these claims move forward.

Threat of litigation funding

Understand the rules around litigation funding in the venues where you operate, and recognize the impact this activity may have on damage awards.

Not all contracts are created equally

Recent guidance from CMS signals its intent to treat arbitration agreements differently than other contracts between residents and their representatives. Now is an important time to revisit your arbitration agreement language and training.

About our speakers

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Tara Clayton

Client Executive, Senior Living and LTC Industry Practice

Tara Clayton is a client executive in Marsh’s Senior Living and LTC Industry Practice. In this role, she advises clients with strategic and tactical advice concerning effective general and professional claim resolution, risk management, and strategies to obtain maximum insurance coverage across lines of coverage. Tara’s expertise with complex litigation and creative risk management initiatives helps reduce costs, enhance value, and increase client control of their risk management programs.

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Drew Graham

Healthcare and Medical Malpractice Attorney, Hall Booth Smith, P.C.

Drew Graham specializes in the management of high exposure professional liability claims including complex regulatory and reimbursement actions, class actions, and batch claims. He has tried more than 40 cases to resolution and has resolved hundreds professional liability of cases through the use of alternative dispute resolution strategies including arbitration and mediation.