Michael P. WestMichael West Clark Hill
Michael P. West
Michael West is an experienced litigator in his twenty-sixth year of practice, with a primary focus on the long-term care industry. Michael has successfully represented clients in jury trials and bench trials in state and federal courts and in arbitrations over a wide variety of practice areas.
In the long-term care arena, Michael represents corporate and individual clients in all aspects of litigation regarding claims against residential care facilities for the elderly, assisted living facilities and skilled nursing facilities. Michael has successfully represented his clients in claims of elder abuse, intentional torts, wrongful death, fraud, emotional distress, unfair business practices and violation of statutory duties. He regularly assists owners, managers and employees of facilities in defeating requests for punitive damages, treble damages, restitution, injunctive relief and attorneys' fees.
Michael’s wide-ranging experience helping clients address long-term care claims includes matters arising out of resident falls from beds, wheelchairs, walkers and chairs, or simply when ambulating independently. He has handled claims involving pressure ulcers, delayed care, medication errors, elopement, choking, resident-on-resident altercations, thefts and sexual conduct, and alleged intentional staff misconduct towards residents. He has also defended facility owners, staff and caregivers in matters relating to residents with memory deficits, and understands the unique nuances and challenges associated with such disputes within the memory-care environment.
In developing effective defenses to these cases, Michael often focuses his arguments on the risks inherent in the long-term care environment. He also conducts detailed analyses of the prior risks associated with each resident, reviews of whether care plans should have been updated to address such risks, and evaluations of whether typically proposed interventions would have had an impact on the fall. In presenting his clients’ positions, he helps educate judges, juries and arbitrators or the trier of fact on the actual standards applicable to this industry in the differing care environments regulated by different state agencies, and helps combat the significant misunderstanding of the public regarding how long term-care providers operate. Michael also has a keen understanding of navigating the difficult waters of state agency citations as potentially impacting liability and works with communities to shore up their arbitration agreements to try to control litigation costs and potential exposure.
The strength of Michael’s long-term care practice — particularly in the high-stakes, high-risk world of litigation in California — rests on his vast experience in commercial and civil litigation. Michael has successfully represented clients in claims involving product liability (medical device litigation), premises liability (including liability for criminal actions of third parties), transportation, professional liability (real estate agents/brokers and mortgage loan brokers), defamation, fraud, mold exposure (including landlord/tenant disputes regarding breach of habitability), property boundary disputes, homeowners' association disagreements, and a wide variety of intentional torts including battery, hate crimes, sexual assault and false arrest. Michael has handled fraudulent claims, policy-limit demands, and excess policy-limit scenarios, having represented clients in cases alleging damages arising out of death, loss of sight/hearing/limbs, paralysis, brain injury, and permanent burns/scarring.
In addition to his litigation practice and to help clients implement proper risk-management practices designed to avoid future claims, Michael regularly donates his time to conduct client seminars on various issues of the law. Michael also has extensive experience in the field of alternative dispute resolution, serving as an approved mediator/arbitrator on the Los Angeles Superior Court's panel of ADR neutrals and assisting clients in resolving disputes through the mediation and arbitration process.
Michael is the Member in Charge of Clark Hill's San Diego office.