Long-Term Care Litigation: Evolving Challenges and Proactive Solutions

Long-Term Care Litigation: Evolving Challenges and Proactive Solutions

Long Term Care (LTC) litigation has transformed into a highly focused and increasingly intimidating process for facilities.  Providers can reduce litigation risk by understanding the LTC litigation process and implementing proactive systems and processes of care to address those care issues with the highest risk of legal action.

The article, “The Anatomy of a Lawsuit” (2015, Sept. Provider) describes how LTC litigation has shifted over the past ten years:

“Some law firms have refined the process to a science. In plaintiff-friendly states such as Kentucky, firms target specific care centers, scrutinizing records for deficiencies. These firms often partner with state attorneys general, as seen in New Mexico, where private firms are authorized to sue nursing centers on behalf of the attorney general’s office.

Ads are then placed—on billboards, in local media, or online—encouraging residents or families to report concerns about care. Law firms also recruit current and former employees, framing the narrative as systemic issues stemming from corporate constraints. From there, graphic depictions of suffering are presented, leading to a barrage of lawsuits against the care center.”

Mitigating Risk and Preventing Litigation

LTC Facilities can reduce litigation risk by understanding the LTC litigation process and focusing on care issues with the highest risk of legal action. Implementing proactive systems and processes to address these risks is critical.  While most facilities hope to avoid legal proceedings, the high volume of LTC cases suggests that preparation is essential.  Awareness of the litigation process, including legal procedures, timelines, and strategies for defense, equips facilities to respond effectively when faced with a lawsuit.

Proactive vs. Reactive Approaches

Facilities must move beyond a reactive stance and actively address common areas of legal risk. Familiarity with frequently cited issues and implementing best practices can significantly reduce exposure to litigation.

Key Litigation Risks in LTC

• Falls: Prevention, timely assessment, and effective treatment of fall-related injuries.
• Elopements: Ensuring resident safety and security to prevent elopement incidents.
• Abuse and Neglect Allegations: Establishing robust abuse prevention and reporting systems.
• Pressure Injuries and Wounds: Proper skin management and wound care practices.
• Changes in Resident Condition: Timely identification and response to health changes.
• Infections and Sepsis: Prevention and effective infection control
• Medication Errors: Accurate administration and monitoring of medications.

The Importance of Root Cause Analysis

Thorough investigations into incidents are essential to identify underlying causes and implement appropriate interventions to avoid similar incidents from recurring in the future. Without accurate root cause analysis, preventive measures may fail to address the actual issue, leaving facilities vulnerable to recurring problems and potential litigation.

Taking the Next Step

Addressing key litigation risks proactively can significantly improve care quality while reducing the likelihood of litigation. Consider being intention in 2025 to address your facility’s risk:

• Register to join the monthly Reducing Litigation Risk for SNF & AL Webinar Series starting January 21, 2025. Sessions will feature guest speakers, including attorneys specializing in LTC litigation, who will provide valuable insights into the current legal environment and actionable strategies for navigating the LTC litigation process.   Those that join the series after January will still receive access to past sessions on-demand.
• Contact Proactive to learn more about risk management through clinical support programming targeting high risk areas such as falls and for mock survey Our team of seasoned LTC Nurse Consultants can elevate your QAPI efforts through targeted remote and onsite support.

Contact Proactive to learn more about Five-Star Improvement support services and develop a road map to Five-Star success in 2025.