All organizations must be prepared to defend against a liability claim. Claims come in many forms…allegations of abuse, the result of a significant adverse event, or a simple matter of an unhappy family member who has unrealistic expectations.  

Organizations need to look at several operational elements to ensure defensibility if a claim is filed.  The organization’s policies, procedures, and programs (Risk, Quality, and Safety Committees), employee relations (hiring process and training), elements of the admission process (expectations management, screening for high-risk areas, etc.), documentation in the medical record, and management of high-risk areas—skin integrity, falls, elopement, abuse, and medications are all key components that will play a part in defending the organization against allegations.  

A recent webinar provided by CG and Pendulum Risk Management discusses how to achieve a level of defensibility. 

The key takeaways on how to prepare senior living facilities for potential lawsuits are listed here: 

• Lawsuits are common: Litigation is a major concern in senior care settings.
• Be Prepared: Proactively prepare for potential lawsuits by having strong defensible practices in place.
• Focus on Prevention: An ounce of prevention is worth a pound of cure. Proper staffing, training, and resident assessments can help avoid incidents that might lead to lawsuits.
• Key Areas for Attention: Falls, skin integrity, medication errors, elopement, and abuse are common reasons for lawsuits.
• Defensible Action Plan (DAP): Create a checklist to guide your response after a major adverse event. This plan should include reviewing resident care plans, incident reports, and medication records.
• Proactive Measures:
  • Conduct regular staff training.
  • Standardize incident report forms with checkboxes for better data collection and reduced risk of opinion-based entries.
  • Have a plan for media communication in case of an incident.
  • Consider using memorandums of care (MOCs) to manage resident expectations at the time of admission.
  • Conduct hazard vulnerability assessments to identify and mitigate potential risks in the facility environment.
• Toolkit for Defense:
  • The Pendulum Portal offers free resources including sample holding statements, adverse event protocols, and incident management tools.
• Additional Tips:
  • Avoid using the term "fall prevention" and instead focus on "fall management" or "fall mitigation" because falls are inevitable.
  • Consider having a defense attorney on retainer.

By following these recommendations, senior living facilities can improve their defensibility and be better prepared to manage legal challenges.

Watch the full webinar here.