Nursing Home & Aging Services Defense

MCB has an impressive team of attorneys dedicated to nursing home and aging services defense. The practice group has compiled an extensive database of related medical and legal research, and has developed relationships with respected medical and nursing experts in this area.


Regulated by both federal and state laws, nursing homes and other long-term care facilities are exposed to a broad variety of claims, allegations and lawsuits. Such cases typically involve allegations of mistreatment or neglect of nursing home residents, but may also include claims regarding  medication errors, improper nutrition and hydration, and wrongful death.

Nursing home law is a very specific practice area requiring comprehensive knowledge of pertinent governmental laws and regulations; medical care issues in nursing home environments; insurance company operations; and risk management protocols.


Our clients include nursing homes, skilled nursing facilities, assisted living facilities, continuing care retirement communities, board and long term care homes, home care agencies and hospice care facilities.


Our trial-proven team has seen every type of claim imaginable in this arena, and has developed a variety of successful strategies in defense against them.

Our attorneys: 

  • Collaborate to anticipate aggressive discovery tactics employed by plaintiff’s attorneys
  • Conduct early and exhaustive investigations and work-ups to identify all potential issues relevant to the case, and to obtain and preserve valuable information
  • Work with the client to formulate a robust defense
  • Maintain active involvement in alternative dispute resolution methods
  • Consult with clients to provide risk management advice proactively


The attorneys in our Nursing Home practice area defend nursing homes, SNFs (skilled nursing facilities), assisted living centers, and other long-term facilities against all manner of claims.

Examples of claims we handle include:

  • Resident falls
  • Elder abuse and neglect
  • Alleged assault upon residents
  • Nursing home malpractice
  • Improper wound care
  • Pressure ulcers (bedsores)
  • Medication errors
  • Nutrition/hydration errors
  • Wrongful death

Related Insights

Summary Judgment Motion: Home Care Services Failure to Prevent and Properly Treat Pressure Ulcers- Nassau County

Senior Partner Rosaleen McCrory, Of Counsel Maureen P. Blazowski obtained dismissal of a general negligence, medical malpractice and wrongful death case involving a then 84 year-old woman. The plaintiff alleged that the defendants failed to perform proper risk...

Motion for Summary Judgment in Pressure Ulcer Case

MCB Partner Aryeh S. Klonsky and Associate Geoffrey Bleau successfully moved for summary judgment on behalf of a New York hospital dismissing the case of a 58-year-old male who developed a Stage IV decubitus pressure ulcer during his admission. The plaintiff was...

Motion for Summary Judgment in Case involving Home Health Aides

Senior Partner Jeffrey A. Shor assisted by Michael F. Bastone and Brian S. Kim obtained a motion for summary judgment in a home health services case. In this case, MCB represented a company that provides home health aides to residents of an assisted living facility....

MD News: Punitive Damages In Nursing Home Negligence Cases

By Rosaleen T. McCrory, Esq. and Karen B. Corbett, Esq. Tuesday, June 18, 2019 Category: Legal Specialty: Geriatrics Nursing home litigation has significantly increased in recent years due to a combination of factors. In part, nursing home admissions are rapidly...

MD News: Actions Against Physicians Involving Geriatric and Palliative Medicine

Monday, July 9, 2018 Category: Legal With the increased litigation against short- or long-term care facilities and hospitals relative to the care and treatment rendered to elderly patients, there is an associated increase in litigation against physicians specializing...

MD News: The Role Of Consulting Physicians in a Nursing Home Setting

Partners Rosaleen T. McCrory and Yuko A. Nakahara authored an article entitled "The Role Of Consulting Physicians in a Nursing Home Setting" for the March edition of MD News - Long Island. Click here to read the article. 

MD News Article: Increase in Litigation against Physicians in Decubitus Ulcer Cases – March 2015

Rosaleen T. McCrory and Yuko A. Nakahara authored an article in the March 6, 2015 edition of MD News entitled "Increase in Litigation against Physicians in Decubitus Ulcer Cases." Click here to read article

Unique Defense Verdict in Nursing Home Case

Partner Charles S. Schechter recently tried this long-term care case to verdict in Supreme Court, Nassau County. The case involved treatment rendered to a then 56-year-old married woman with a history of progressive dementia. The decedent resided at the defendant...

Appellate Court Affirms Dismissal of Plaintiff’s Case Against Nursing Home

Partners Joseph L. DeMarzo and Stewart G. Milch recently won an important victory in the Appellate Division, First Department in a long term care facility wrongful death case. MCB represented a facility where plaintiff’s mother had been a resident. When the resident...

Let's Work Together