Aging Services

 
This practice area has the following sub practice areas:

Defense Against Negligence and Abuse Claims

Regulatory and Compliance Enforcement Actions

Wrongful Death and Catastrophic Injury Defense

Arbitration and Alternative Dispute Resolution (ADR)

Employment Disputes

At Kiernan Trebach, we understand the unique challenges faced by aging services providers, including long-term care facilities, assisted living communities, home health care agencies, and hospice providers. Our Aging Services Litigation Practice is dedicated to defending your business against the increasing risks of litigation, regulatory scrutiny, and liability claims. We leverage our experience in the aging services sector and tailor our defense strategies to assist you in safeguarding your operations while navigating the complex compliance issues in this sector.

Expertise in Aging Services Litigation

As the aging population grows throughout the United States, providers face heightened exposure to claims involving patient care, negligence, elder abuse, wrongful death, and more. These cases often carry significant reputational and financial risks. We are skilled in managing the unique complexities of litigation in this space, including state and federal regulations governing the care of the elderly and vulnerable populations.

We represent clients in the full range of aging services litigation, including:

  1. Defense Against Negligence and Abuse Claims
    Claims of neglect or abuse in aging services facilities can arise suddenly and often have severe consequences for residents, patients and providers. Our attorneys have extensive experience defending facilities and individuals against these high-stakes allegations, focusing on trial-ready strategies and early resolution to mitigate costs. We work with medical and nursing experts to evaluate care standards and develop compelling defenses based on the unique facts at issue in each dispute.
  2. Regulatory and Compliance Enforcement Actions
    Aging services providers are subject to a complex web of regulations, including the Centers for Medicare & Medicaid Services (CMS), the Department of Health and Human Services (HHS), and state agencies. Our team provides skilled representation in regulatory investigations, audits, and enforcement actions, ensuring compliance while aggressively defending against penalties and citations.
  3. Wrongful Death and Catastrophic Injury Defense
    Lawsuits involving wrongful death or catastrophic injury in long-term care settings require an experienced, strategic approach. We understand the devastating emotional and financial impact these claims present to your business. Our firm defends providers in cases involving allegations of medical malpractice, substandard care, and unsafe facility conditions, working to resolve these matters efficiently and favorably.
  4. Arbitration and Alternative Dispute Resolution (ADR)
    Many aging services contracts include mandatory arbitration or mediation/ADR provisions.  We are skilled and experienced in representing providers in arbitration and mediation proceedings. These alternative dispute resolution methods can often provide more efficient, cost-effective solutions than traditional litigation. Our team has successfully defended numerous claims  through arbitration, protecting our clients' interests while avoiding the risks of a jury trial.
  5. Employment Disputes
    Staffing is critical in the aging services industry, and with it comes the potential for employment-related litigation. From wage and hour disputes to wrongful termination claims, our firm defends against a variety of employment claims that arise within aging care environments. We also provide guidance on employment policies to reduce litigation risks in this highly regulated sector.

Specialized Defense Strategies for Aging Services Providers

At Kiernan Trebach, we recognize that aging services litigation often involves more than legal claims—it can impact your reputation, staff morale, and community standing. Our approach goes beyond the courtroom, offering:

  • Proactive Risk Management: We work with your leadership team to identify potential risks and to develop strategies to avoid litigation. Our team provides training and consulting services to ensure your policies, procedures, and care practices align with regulatory standards and best practices in the aging services industry.
  • Comprehensive Documentation Review: Documentation is often critical to successfully defending against litigated claims. We are intimately familiar with and frequently conduct thorough reviews of care records, incident reports, and compliance documentation to build a strong defense and demonstrate adherence to industry standards.
  • Expert Witness Collaboration: Our firm partners with a broad network of expert witnesses, including geriatricians, nursing home administrators, and care facility consultants. These experts provide critical testimony and analysis to support your defense, bolstering your case and challenging plaintiffs’ claims.
  • Regulatory Compliance Support: Staying compliant with ever-changing regulations is essential to minimizing risk. We help you navigate state and federal regulations, including those related to COVID-19 protocols, resident care standards, facility licensing, and staffing requirements.

Who We Represent

We are proud to serve a broad range of aging services providers, including:

    • Nursing Homes and Skilled Nursing Facilities (SNFs)
    • Rehabilitation Centers
    • Long Term Care Facilities
    • Assisted Living Communities
    • Independent Living Facilities
    • Continuing Care Retirement Communities (CCRCs)
    • Memory Care Centers
    • Home Health Agencies
    • Hospice Providers
    • Adult Day Care Centers

Our attorneys have successfully defended clients of all sizes, from large national organizations to small independent providers, and we tailor our strategies to meet the specific needs of each client.

For more information, please contact any of the practice members referenced in the Attorney Listing. For the “Practice Area” Aging Services (https://www.kiernantrebach.com/attorneys/)