John Durso

What is the No. 1 reason that facilities providing residential and care services to seniors are sued?  How can we avoid such lawsuits? 

There are several main reasons that these organizations are sued. The acuity needs of the residents you serve have increased significantly, as many residents are seeking rehab or treatment cures under Medicare after a qualifying stay in a hospital and that contributes significantly. 

The most common reason for lawsuits is resident falls, which often occur during transfers to or from a bed, or around shower or bathing areas. 

Other lawsuits occur based on elopements from a facility. Bedsores that evidence poor quality is another big reason. Events that cause death, such as dispensing the wrong medications or wrong dosages of a prescribed medication, also are frequent reasons for lawsuits.  

The best way to avoid such litigation is to establish and enforce risk management policies. For example, train direct care staff on how to safely move residents into and out of their beds, and train them on how to assist residents to and from the bathroom, showers or dining room to reduce falls. 

Moreover, training on how to turn bedridden residents will prevent or reduce bedsores. Prescribed medication dispensing and careful attention to dosages will lower claims risks. Policies to prevent elopements and procedures to return eloping residents safely and as soon as possible will lessen damages. Finally, any policies that improve quality of care will help prevent deaths or bodily injuries. 

There are numerous risk management programs and training tracks for direct care staff that should be employed by all organizations serving seniors to identify risks and reduce claims.