Memory Care Liability Claims: Litigating Proper Staffing and Supervision for Alzheimers and Dementia Residents

It is inevitable that medical malpractice and personal injury lawyers, whether plaintiff or defense, will be handling more memory care claims. From 2023 to 2030, one research report estimates, the U.S. memory care market will expand at a compound annual growth rate of 5.1 percent.

Claims may sound in medical malpractice, professional negligence, contract, or even consumer protection laws that prohibit false advertising. Malpractice risks include misdiagnosing dementia, failure to diagnose, and failure to recognize that the dementia has progressed. These may present as claims for failure to screen residents for a higher level of care, understaffing, or inadequate care management.

The biggest concern is "elopement," or wandering away from the memory care unit, which can end in severe injury, if not tragedy, and claims for failure to maintain a safe, secure environment. Supervision of memory care patients is labor intensive, and evidence of staffing practices will almost always be a critical issue. Facilities have incurred liability for staffing levels set on budgets rather than residents' needs, and for using resident needs assessments to determine billing, but not staffing.

Listen as this experienced panel helps medical malpractice and personal injury lawyers prepare to resolve or litigate these emerging and unique claims.