Elder Care Litigation
Elder Care Litigation , including claims for recovery brought under Elder Abuse and Dependent Adult Civil Protection Act (EADACPA), has presented an ever-changing landscape of litigation in California. The defense of these matters on behalf of licensed and unlicensed care providers, including Skilled Nursing Facilities, Residential Care Facilities for the Elderly, and Assisted Living Facilities, presents a unique challenge that can be met only by a team with many years of experience in this unique area of litigation. The Elder Law department of PJAMM, headed by David F. "Max" Beach, Michael G. Miller and William D. Anderson, represents many years of practical experience in meeting the complex needs of Elder Care Litigation clients.
David F. Beach has served as national counsel for several of the nation's largest providers of Skilled Nursing Care services, and has handled hundreds of Elder Care matters in state and federal Courts throughout the United States. He has served as pro hac vice trial counsel, as well as oversight counsel, for matters litigated in many state jurisdictions, as well as virtually every county in Northern California. The firm makes extensive use of experienced nurse attorneys, certified legal nurse consultants with current and prior experience in nursing home administration and director of nurses positions, and nurse paralegals. Paralegal Kristyn Appleby has worked with Mr. Beach on well over 100 litigated elder care cases. She has published in the field of health care litigation and maintains current teaching status in college health care curricula.
Messrs. Beach, Miller and Anderson have tried over 100 cases to verdict in their combined experience, together with countless arbitrations, court trials, depositions and contested matters, including administrative and Department of Health Services citation review conferences. Additionally, Mr. Beach and his medical-legal staff have served as oversight and review counsel in the formation and monitoring of quality assurance review committees, with oversight of sentinel nursing event reviews on a pre-litigation basis, for several national and state-based providers. In addition to litigation of civil matters, the Elder Care team has provided representation in matters including injunctive relief, class action, DHS citation and appeal, and criminal prosecution.
Successful litigation of the complex matters involved in Long Term Care litigation requires attorneys and staff with deep experience in the highly regulated arena of health care for the elderly -- a litigation team steeped in all aspects of state and federal oversight and review and the technicalities of staffing issues, as well as the emerging corollary legal theories of Unfair Trade Practices, Consumer Remedies, and Class Action Litigation.
The firm provides state–of-the-art technology for handling the large, document intensive nature of cases involving Long Term Care providers. Computers with hardware and software to provide the ability to scan, sort, retrieve, and allow ready access to many thousands of pages of documents involved in complex staffing and hourly nursing computation issues are part of the firm's tools deployed by the team.
An intangible in the defense of cases brought against Long Term Care providers is passion -- for the caregivers and business structures that provide the framework for delivery of quality, dedicated care. Those individuals who are driven to provide care deserve a similar commitment to their legal requirements. The firm is committed to providing experienced, capable, and cost-effective resolution of any legal challenge presented to our clients.
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