When a resident falls, plaintiff's counsel asks one question: Why didn't the facility stop it? It's a powerful question. It's also the wrong one. The better question is: What was the facility allowed to do? Residents don't surrender their rights when they move into long-term care.

A resident falls. A pressure ulcer develops. An infection turns serious. To a grieving family — and to a jury primed by their own memories of aging parents — each of these can look like proof that someone failed.

When the plaintiff's attorney writes an enormous figure on the courtroom board, most jurors have never seen a number that large attached to a real person. That is the point. The number is not a calculation. It is an anchor.

Long-term care litigation is challenging in a single jurisdiction, but defending cases across multiple states introduces an entirely new level of complexity.

In today's high-exposure medical negligence litigation, success depends on far more than legal knowledge alone. As plaintiffs' firms become increasingly sophisticated and aggressive, defense teams benefit from a strategic, collaborative approach between national and local counsel.

Healthcare litigation doesn't stand still, and neither does medicine. Every year, new studies, clinical guidelines, and diagnostic tools reshape how physicians understand disease, injury, and patient outcomes.

In elder care litigation, credibility is built one piece of evidence at a time. Demonstrative exhibits play an important role in that process because they help jurors connect testimony with documented facts rather than relying on assumptions or emotion.

For decades, mediation has served as an effective way to resolve civil disputes without the uncertainty, expense, and stress associated with trial. But over time, mediation has evolved from a strategic option into what many view as a mandatory step in litigation, regardless of whether resolution is realistic.

Winning the liability argument is only part of defending a medical negligence case. Today's defense teams must devote equal attention to damages, where jury perceptions often have as much influence as the evidence itself.

At its best, the opening statement becomes the roadmap for everything that follows. It provides jurors with the language, themes, and standards they will later use in deliberations.

Plaintiffs often attempt to appeal to the jurors’ emotions, shifting the focus to sympathy and outrage. By using three tactics, the defense can guide jurors towards rational, fact-based decision-making that upholds the integrity of the legal system.

Fall cases in long-term care reveal the tension that many providers face when caring for a resident: the balance between safety and autonomy.