NURSING HOME LAW

Nursing Home Consulting & Litigation Defense

Our Lawyers Provide a Complete Range of Regulatory Compliance, Planning, Risk Management, and Litigation Defense Services to Hudson Valley / NYC Area Nursing Homes & Administrators

Nursing homes must adhere to a plethora of strict, detailed legal requirements. Staying current with the latest standards is key to being compliant in this highly-regulated industry. As a health care consulting and malpractice defense focused firm, our attorneys are well-versed on the nursing home industry and the laws that regulate it. Partner Robert Irving Miller, a former licensed nursing home administrator, brings intimate industry knowledge and experience. With a constant pulse on the significant, new developments in case law, statutes, and regulations that affect nursing homes and their administrators, we are able to help our clients navigate this ever-changing space and effectively defend legal claims.

THE LEGAL ADVICE NURSING HOMES NEED TO AVOID REGULATORY HEADACHES


Proper preparation and execution is imperative in the health care arena. We offer nursing homes guidance on:

  • Risk Management
  • Staff training
  • Residents’ rights
  • Care Standards
  • Dietary requirements
  • Fire safety/emergency protocols
  • Sanitation standards
  • Construction standards
  • Medicare/Medicaid certification
  • Strategic planning
  • Management of residents’ funds and property
  • Department of Health regulatory matters
  • State Education Department license-related matters
  • Workplace instruction for managers and employees
  • Assistance in drafting facility policies and procedures
  • Design and drafting of patient care forms
  • Medical-Legal Ethics consultations
  • Advance directives and do-not-resuscitate (DNR) legal consultations
  • Management consulting
  • Medical record/patient information/HIPAA confidentiality consultations
  • Employee instructions, seminars, and in-service education

EXPERIENCED LITIGATION ATTORNEYS ON YOUR SIDE


Injuries that occur in a nursing home can arise through no fault of the facility or its staff and administration. Nevertheless, these injuries can give rise to lawsuits that can quickly tarnish reputations. We understand the challenges these types of suits bring and identify how to best defend against them. Our lawyers build a strong defense by examining the claim, gathering evidence, and employing the experts needed to exonerate nursing homes from allegations of:

• Medical and nursing malpractice
• Neglect or maltreatment
• Physical or sexual abuse
• Negligent hiring or training
• Regulatory violations
• Premises liability
• General liability
Professional Misconduct

REPRESENTATION IN EMPLOYMENT AND CONTRACT TRANSACTIONS


Our services expand beyond regulation and litigation. We also have a breadth of experience providing counsel on a variety of other business-related matters:

  • Facility leases and purchases
  • Equipment leases and purchases
  • Insurance matters
  • Employment contracts

ASSISTING WITH MENTAL HEALTH MATTERS


We understand that from time to time nursing homes may need to seek guardianship for their residents – perhaps relatives are not available, family members may disagree on a course of treatment, or the current guardian is not acting in the patient’s best interest. Our firm assists our nursing home clients with all aspects of the guardianship process.

Let the lawyers at Sholes & Miller LLP assist you with all of your nursing home’s legal needs.