Falls account for nearly half of all liability claims paid by long-term care facilities and nearly three-quarters paid by senior living communities over the past 10 years, according to the 2024 General and Professional Liability Benchmark Report. The numbers suggest the importance of providers understanding these claims and implementing proactive risk-management processes. 

The study looked at nearly 10,300 claims among long-term care and senior living providers for a 10-year period ending December 31, 2023. There were 1,840 fall claims for long-term care facility residents closed, with a total loss of about $448.8 million, representing about 50% of total claims. Wounds/skin injuries accounted for 773 claims and a loss of about $220 million or more. Third were infections with 461 claims for a cost of $153.1 million. In senior living, falls represented 70% of all claims, followed by claims involving abuse and skin/wound injuries. 

The authors stated, “It’s no surprise that falls continue to be the primary loss driver for both senior living and long-term care providers given the acuity of the residents admitted and retained in that setting.” 

The report also looked at claim trends regarding COVID-19. The authors noted, “While many of the COVID claims are closed, many continue to be litigated in courts with an aggressive defense since the impact of available federal and state liability protections is still uncertain.”

Predicting claims for 2024, for which final numbers aren’t yet available, the report suggested there would be a 0.3% increase in claims frequency, a 3.7% increase in claim severity, and a 4.0% increase in loss rates.

While the authors indicated that the jurisdiction in which claims take place impacts trends, they said their study results “emphasize the importance of understanding these claims and implementing proactive risk management processes.” They also observed, “it’s notable that ‘abuse’ is the second highest cause of loss for senior living. It is important for providers to have admission processes to identify individuals with pre-existing behaviors or conditions that contribute to behavioral issues.”