Residential Care Facility Liability: Common Lawsuit Risks

Posted on: January 22, 2015 by Huntersure

Residential Care Facility Liability: Common Lawsuit Risks  Residential Care Facility Liability Stopping Resident Mistreatment

It is not uncommon for residential care facilities to face legal complications and allegations of wrongdoing. In fact, in recent years the number of lawsuits against nursing homes, assisted living facilities and other residential care operations has increased. Whether this is due to an increasingly litigious cultural mentality, or whether the growing demand and formation of these facilities has played a role; the fact is that allegations of mistreatment and misconduct are relatively likely to surface at some point or another for many of these facilities.

While most care providers do everything in their power to maintain a safe, dignified and healthy environment for residents and staff members, some circumstances are unforeseeable. How facilities manage these allegations is often where problems, and lawsuits, arise. It’s important for administrators and their staff to recognize some of the most common allegations and exposures to claims against care facilities. Doing so could help reduce their chances of ever seeing a similar lawsuit and help these operations run more smoothly, efficiently and better support their staff and residents.

One of the most severe and common claims against such facilities are allegations of mistreatment of residents. Mistreatment can come in many forms, from assault to neglect and everything in between. Residential abuse can happen at facility that provides care to other people, including nursing homes, homes for people with disabilities, senior living communities, group homes, and medical care homes. However, nursing home and assisted living facilities face far greater claim frequency.

There is never an excuse for the mistreatment of a resident, however there are many reasons it can occur. Most instances of mistreatment are unintentional and the result of some dysfunction within the care facility such as staffing shortages, poor procedural execution, or improper training.  These circumstances can lead to can lead to a resident being overlooked or simply offered the incorrect care for their needs.

In the next post we will explore how and why mistreatment of residents can arise, and what care facilities can do to prevent these problems.

As residential facilities evolve and provide more services, their exposures to risks increase, particularly in the areas of general liability, professional liability and cyber liability. At Huntersure, we specialize in providing quality Residential Care Facility insurance programs to respond to each of these areas, designed to safeguard these facilities and their staff from financial loss. Our Residential Care Facility Liability insurance is designed to help protect care facilities and providers from a number of exposures, including allegations of mistreatment, neglect, and wrongdoing. To learn more about our operation as well as our allied healthcare insurance programs, contact us today at (855) 585-6255.

Posted in: Allied Healthcare blog Professional Liability Residential Care Facility