Category Archives: Marketing

A Troubling Trend of Malpractice Claims Litigated Under State Consumer Protection Acts

A troubling trend has developed across the country in long term care malpractice litigation.  Plaintiffs have been using state consumer protection statutes to lodge skilled care malpractice claims.  This practice most recently reared its head in Pennsylvania.  The Supreme Court of Pennsylvania decided, in Commonwealth of Pennsylvania v. Golden Gate National Senior Care, LLC,1 that failure to provide the services documented in a care plan can be alleged as a form of consumer fraud.  This is bad law for all long term care providers and should be a call to action.

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Risky Business – Skilled Nursing Facilities Under Attack

Have you ever read a brochure for a resort, college, or apartment complex and expected everything it said to be completely and totally accurate without any caveats?  In the Commonwealth of Pennsylvania, a chain skilled nursing facility is under attack for representations it made in its marketing materials. In July of 2015, the Commonwealth of Pennsylvania, by its Office of Attorney General (“OAG”), filed a Petition for Injunctive Relief against Golden Gate National Senior Care, LLC’s Pennsylvania facilities (“Golden Gate”).  The OAG asserted a claim under the Pennsylvania Unfair Trade Practices and Consumer Protection Law (“UTPCPL”), 73 Pa C.S.A. § …

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