Legal Remedies When Law Firms’ Predatory Ads Target Nursing Homes
March 11, 2016 | Aging Services Risk, Quality, & Safety Guidance
Predatory advertisements—ads by law firms that exaggerate or misstate adverse outcomes in nursing homes in order to attract potential clients—not only can lead to expensive litigation but also can damage resident and staff morale and hurt organizations' reputations even if no lawsuits are ever filed, according to a February 17, 2016, Long-Term Living blog post. When a facility is the target of such an ad, it should work with legal counsel to determine its strategy for refuting or even demanding removal of the advertisement. In some circumstances, nursing homes may have legal remedies available, either under the federal Lanham Act or under state deceptive trade practices acts, especially if they can prove that the ads contain false or misleading statements of fact that deceive consumers in a way that injures the nursing home such as by affecting admissions or staff turnover.