Tag Archives: Care Plan claims

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.

Posted in Litigation Issues, Management Advice, Marketing \ Comments Off on A Troubling Trend of Malpractice Claims Litigated Under State Consumer Protection Acts