Tag Archives: Consumer Protection Claims
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.