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Liability mitigation for skilled nursing, senior and assisted living facilities

Skilled Nursing, Senior and Assisted living liability mitigation

Why is liability mitigation necessary?

There are several reasons why Skilled Nursing, senior living, and Assisted Living Facilities should try to mitigate against malpractice lawsuits:

  1. Financial costs: Malpractice lawsuits can be very expensive, both in terms of the legal fees involved and any settlements or judgments that may be awarded.
    Time and resources: Defending against a lawsuit can be a time-consuming and resource-intensive process, which can distract from the facility’s primary mission of providing care to residents.
  2. Reputation: A lawsuit can damage a facility’s reputation, which can lead to a decline in occupancy rates and revenue.
  3. Patient safety: By taking steps for liability mitigation, facilities can improve the quality and safety of care provided to residents.

Overall, it is important for Skilled Nursing, Senior Living, and Assisted Living Facilities to take steps to mitigate against the risk of malpractice lawsuits in order to protect their financial well-being, reputation, and ability to provide high-quality care to residents.

Creating a strategy:

There are several steps that senior living facilities can take to mitigate against malpractice lawsuits:

    1. Provide thorough training to staff: Ensure that all staff members are properly trained in the care and handling of residents. This can help to reduce the likelihood of accidents or injuries occurring.
    2. Implement safety protocols: Implement safety protocols and procedures to reduce the risk of accidents and injuries occurring. This could include things like fall prevention measures and infection control protocols.
    3. Follow best practices: Follow best practices and industry standards when it comes to the care of residents. This includes things like regularly checking on residents, providing proper nutrition and hydration, and responding promptly to any concerns or issues that arise.
    4. Document everything: Make sure to document everything related to the care of residents. This includes things like medication administration, care plans, and any incidents or accidents that occur.
    5. Communicate with residents and their families: Regularly communicate with residents and their families to keep them informed about their care and any changes or issues that arise. This can help to build trust and reduce the risk of misunderstandings or complaints.
    6. Have insurance: Make sure that the facility has proper insurance coverage to protect against malpractice lawsuits. This could include general liability insurance and professional liability insurance, otherwise known as medical malpractice insurance
    7. Use proven technological solutions to reduce the workload of staff.

Technological Solutions to use

  1. Electronic health records: By using electronic health records (EHRs), senior living facilities can maintain accurate and up-to-date records of care provided to residents. This can help defend against legal challenges that may arise.
  2. Medical alert systems: Medical alert systems can help senior living facilities respond quickly to emergencies and can reduce the risk of mistakes or delays in care.
  3. Remote monitoring: By using sensors or other types of technology to monitor residents remotely, senior living facilities can provide additional oversight and support to residents without requiring additional staff. This can help reduce the risk of mistakes or errors that could lead to a lawsuit.
  4. Communication platforms: Using communication platforms such as messaging or video conferencing apps can help senior living facilities keep in touch with residents and their families, which can help improve communication and reduce the risk of misunderstandings or miscommunications that could lead to a lawsuit.
  5. Staff training platforms: By using online training platforms, senior living facilities can provide ongoing training to staff and ensure that they are up-to-date on the latest best practices. This can help reduce the risk of mistakes or errors that could lead to a lawsuit.

Alert and Monitoring Systems

There are a variety of systems that are designed to help senior living facilities monitor residents. Some examples include:

  1. Medical alert systems: These systems allow residents to call for help in case of an emergency. They may include wearable devices such as pendants or wristbands that residents can activate if they need assistance. Some examples of systems on the market are:
    1. Philips Lifeline:
    2. ADT Medical Alert
  2. Remote monitoring systems: These systems use sensors or other types of technology to monitor residents remotely. For example, sensors placed in a resident’s room could detect movement or changes in vital signs, alerting staff if there is a problem. Some examples of these systems are:
    1. WellnessSense
    2. GrandCare
  3. Video monitoring: Some senior living facilities use video cameras to monitor residents. These cameras may be placed in common areas or in individual rooms, depending on the needs of the facility and the preferences of the residents. Some examples are:
    1. Procare Solutions
    2. Resident360
  4. GPS tracking: Some wearable devices include GPS tracking technology, which can help senior living facilities locate residents in case of an emergency or if they wander off. Some examples of wearable devices are:
    1. Amber Alert GPS
    2. Lively Wearable
  5. Electronic health records: Many senior living facilities use electronic health records (EHRs) to track the care provided to residents. EHRs can help facilities monitor residents’ health and ensure that they are receiving the appropriate care. Some examples are:
    1. Epic
    2. Cerner

These are just a few examples, but there are many other options available. 

An alternative approach


Malpractice lawsuits can be costly and time-consuming for Skilled Nursing, Senior Living, and Assisted Living Facilities, and can also damage the facility’s reputation. As a result, it is important for these facilities to implement a program of  liability mitigation to minimize the chance malpractice lawsuits.

To find out more about using aggressive defense tactics as Senior living liability mitigation.


insurance for hospitals

Hospital Insurance typically covers all or part of the potential liability for hospital services. It includes medical malpractice, accidents involving hospital employees and equipment, care during surgery or any other invasive treatment, after-hours care arrangements by staff who need help with their children and more.

insurance for long term care facilities

Long term care facilities must protect themselves against potential liability arising from incidents within their facility. Westwood can help you negotiate a package tailored to your long term care facility client.

traditional insurance products

Westwood have fostered exceptional relationships with underwriters and we go to great lengths to keep abreast of their latest products, changes in requirements and restrictions, including having weekly calls with the carriers, which you can see here, by joining our insurance insider group.

    Insurance products at Westwood Insurance Group

    You can find more information on the Insurance Products main page.

    If you have any questions on the different policies, check out our Insurance FAQ’s

    alternative structures

    Westwood President, Michael Richards has extensive experience in setting up alternative structures for larger clients. Here are some examples:


    If you think your client could be large and stable enough to benefit from starting or participating in a captive or has a special need for another alternative structure, contact Michael Richards now by phone: 855 351 7487.