Nursing Home Law




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MCB defends cases against nursing homes and other long-term care facilities, both through insurers and on a self-insured basis. Indemnity payments involving these facilities have increased dramatically in other jurisdictions and this trend has now affected New York.


MCB has a team of attorneys dedicated to the defense of these cases and has compiled an extensive data base of medical and legal research, in addition to medical and nursing experts in this area.


Our experience includes cases involving the prevention and treatment of pressure ulcers, resident falls, alleged neglect and abuse, alleged assaults upon residents, nutrition and hydration issues and medication errors. By participating in the development of case law in this area, MCB is able to provide its clients with risk management counseling and an aggressive defense of claims.


MCB Result: Defense Verdict.


Plaintiff alleged nursing home abuse, negligence and violations of Public Health Law 2801-d, for the failure, among other things, to implement routine turning and positioning of a 56 year old resident with history of progressive dementia, as required by the facility’s care plan. This resulted in the development of multiple skin lesions. MCB argued that the overall management of the resident’s care was appropriate, her entire course was dictated by the progressive nature of the disease and that there was no evidence of abuse. Jury returned a defense verdict on all 12 liability questions.

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