Managing Legal Risks in Skilled Nursing Facilities: Essential Lawsuit Categories to Watch

As nursing home populations continue to grow, so do the number of lawsuits filed against skilled nursing facilities (SNFs). From neglect and abuse to medication errors and falls, SNFs can face legal action for a range of reasons.

Being aware of the top lawsuit categories can help SNFs take proactive measures to prevent such incidents and minimize potential legal liabilities. In this blog, we will discuss the top seven lawsuit categories that SNFs should be familiar with, including neglect and abuse, improper care, improper restraints, falls and accidents, bed sores and infections, wrongful death, and discrimination. By understanding these categories, SNFs can better protect their residents and their own legal interests.

Neglect and Abuse:
Any behavior neglecting or abusing residents, including physical, emotional, and sexual abuse. SNFs have a legal duty to provide a safe and secure environment for their residents. When they fail to do so, they can be held liable for any harm caused to the resident.

Improper Care:
Failing to provide proper care, including inadequate staffing, medication errors, and neglect of hygiene. SNFs must provide appropriate care to their residents and ensure that their medical needs are met. When SNFs fail to provide proper care, it can result in harm to the resident.

Improper Restraints:
This classification encompasses using improper restraints leading to injury or harm. When restraints are used improperly, they can lead to injury, harm, or even death.

Falls and Accidents:
This group involves falls and accidents resulting from inadequate staffing, failure to supervise residents, and failure to provide adequate safety measures. SNFs must provide a safe environment for their residents and take measures to prevent falls and accidents.

Bed Sores and Infections:
This type of claim includes bed sores and infections resulting from improper care, including inadequate turning, and repositioning and failure to prevent pressure ulcers. SNFs have a duty to prevent bed sores and infections from occurring by ensuring that their residents receive appropriate care and treatment.

Wrongful Death:
This classification covers death due to neglect, abuse, or medical malpractice. SNFs can be held liable for wrongful death if they fail to provide proper care, including medical treatment and medication, leading to a resident’s death.

Discrimination:
This category involves discrimination based on race, gender, religion, or other protected characteristics. SNFs must ensure that their residents are treated fairly and without discrimination. When discrimination occurs, it can result in legal action being taken against the SNF.

We understand the importance of managing risks in our industry. That’s why we created Risk Suite. A suite of software applications and reports are integrated within your existing systems. No double-entry or accessing multiple data sources is required to obtain optimal risk reduction results. Risk Suite simplifies your risk management program and may even reduce your insurance costs.

Ellsworth Harris is Channel Sales Director at SNF Metrics

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