Expert Witness/Consulting

Dr. Allen is available for legal consulting on a wide range of issues related to the long term care field.  He has served as a consultant for numerous law firms over the past three decades in Connecticut, North Carolina, South Carolina, Texas, Kansas, Florida, West Virginia, and South Dakota.

In about 60% of the cases Dr. Allen has helped facilities defend themselves.  In the remaining cases he has worked with plaintiffs against a facility.  He sees his role as assisting the legal team assess the nature and extent of liability in each case.  In the process he has read and analyzed several hundred depositions and assisted attorneys develop lines of questioning for planned depositions.  Through this process he has acquired considerable skill in assessing the extent to which facility acts do or do not meet federal, state and community standards of care.

Dr. Allen’s areas of expertise cover the range of topics covered in the Federal Requirements and Guidelines to Surveyors and the federal Minimum Data Set (MDS) requirements for nursing homes. See:

Nursing Home Federal Requirements And Guidelines To Surveyors, 8th edition, James E. Allen.  New York: Springer Publishing Company, ( 2015.
Nursing Home Administration, 7th Ed, New York: Springer Publishing Company,  ( ) James E. Allen. 2016, 700+ pp.  (The standard text in the field for 30 years).

Assisted Living Facility Cases
He has served as consultant to several assisted living facilities facing a variety of lawsuits.

Sample Cases
Decubitus Ulcers
Extensive review of numerous cases involving development of decubitus ulcers.
Maggots - Among the more interesting high profile cases on which he has served is the North Carolina case in which maggots developed in the pressure ulcer in a resident’s heel (which was front page headlined for several Sundays in the Raleigh, NC News and Observer).

Multiple fatalities
Dr. Allen served as consultant to a Texas case in which over 20 persons burned to death in a bus hired by a large national chain.

Dr. Allen has helped facilities assess risks incurred in residents wandering from the facility.

Lease liabilities
Financial analysis of legal liability based on analysis of long term leases.

Wrongful death
Several cases involving claims that facility actions led to a wrongful death.

Several cases involving consequences of smoking in a facility setting.

Deficient Practice / Negligence
Several cases involving evaluating the extent to which facility practices are deficient resulting in liability.

Use/non-use of restraints as a litigable issue.

Medication errors
Cases involving giving wrong medications or medication omissions.


Consulting / Expert Witness Services


Reviewing medical materials                               $450  per hour

Depositions and/or serving at trial                       $600  per hour

Travel charges: during active travel time             $150  per hour
plus food, lodging and transportation expenses.

An initial prepayment of $1,500 (credited towards hours worked) is requested.

To explore, at no charge, mutual interest in a case, email

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