Top Liabilities When Running a Senior Living Facility

The aging population has created growing demand for more senior living facilities. However, running a senior living facility involves significant risk. Learn about the top liabilities and how you can control them.

1. Elopement

An 85-year-old man walked out of an assisted living facility in Arizona and wandered into the desert. According to ABC 15, a lawsuit alleges that it took staff at the facility about 40 minutes to notice that he was missing. He was found dead.

Unfortunately, incidents like this are common. Dementia patients are often prone to elopement (leaving without permission or authorization), and the facilities tasked with keeping them safe may be held liable when they fail to do so.

2. Pressure Injuries

A woman died in a long-term residential care facility located in Oregon after a pressure ulcer became infected. According to USA Today, the autopsy report cited caretaker neglect as the cause of death, and her family has filed a lawsuit against the facility.

Pressure ulcers, also called pressure wounds or bedsores, can occur when someone is in a bed or chair too long, and seniors with health conditions can be particularly vulnerable. When senior care facility staff don’t take necessary precautions to prevent, identify, and respond to sores, they can be held liable.

3. Abuse

According to the Iowa Capital Dispatch, at least 10 wrongful death lawsuits have been filed against a company that operates multiple nursing homes, assisted living centers and hospices, with allegations that include dependent adult abuse.

Many senior living facility residents are vulnerable, particularly those with dementia or other serious health issues, and allegations of staff abusing the residents in their care are unfortunately common. However, employees are not always the culprits. Residents sometimes attack staff or other residents, and dementia sometimes make residents increasingly aggressive. Dealing with aggressive residents can be challenging, but facilities can be held liable for failing to protect residents and staff.

A senior living facility is being sued for failing to protect a female resident who was sexually assaulted by another resident. According to 2 News Nevada, the lawsuit claims that the attacker had a history of assaults and misconduct, and the facility was aware of this but did not remove him from the facility.

4. Negligence

A woman at a memory care facility in Oregon died of heat stroke after being left outside on a hot summer day. According to The Bulletin, her family has filed a lawsuit seeking $17 million. The family says they chose the facility because it was clean and offered activities, but the Oregon Department of Human Services found that the facility did not have adequate staffing.

While negligence is sometimes tied to abuse and malicious behavior, in other cases, it may simply be a matter of staff being busy with other things. Regardless of the root cause, when residents are harmed, facilities can be held liable.

5. Worker Injuries

Not all liability comes from residents. Workers are also at risk. Caring for seniors can be physically demanding work, especially when residents require assistance with bathing or mobility. As a result, senior care workers face risks including musculoskeletal injuries.

Managing Your Risks

When you’re running a senior care center, a strong commitment to risk management is critical. Proactive risk management isn’t just the best way to keep your residents and workers safe. It’s also the best way to shield your facility from liability that could threaten your ability to continue operating.

1. Risk management starts with hiring. Facilities can reduce their risks by running background checks, checking references and thoroughly vetting workers. However, screening out bad apples is only half the battle. You also need to attract top workers, and you can do that by offering a strong compensation package that includes robust employee benefits.
2. To keep residents safe, workers need to be knowledgeable about the threats to senior safety, state law, and how to respond to concerns. All new workers should be thoroughly trained, and existing workers should receive additional training as needed.
3. Strong policies can help keep residents safe, but only if they’re followed consistently. This means that having good policies isn’t enough. You must also train your team on those policies and require strong documentation to ensure compliance.
4. Even with the best risk management practices in place, lawsuits are possible. Whether or not the lawsuits lack merit, you’ll need to defend your facility, and that can be expensive. To manage their risks, senior care facilities need robust insurance that covers the claims involving abuse, bedsores, elopement, and other risks that are unique to the industry.

Do you have the insurance you need to manage your senior living community risks? Heffernan Insurance Brokers provides coverage for clinical and non-clinical care providers. Learn more.