About 70% of people 65 and older are likely to need long-term services and supports (LTSS) at some point for an average of three years. About 20% of people 65 and older will need LTSS for at least five years. In the U.S., approximately 15,600 nursing homes serve 1,369,700 residents, while 30,200 assisted living and similar residential care communities serve another 835,200 residents.
The current health industry consolidation movement has significantly impacted LTSS and, consequently, litigation related to LTSS. Almost 75% of nursing homes in the U.S. outsource a wide variety of goods and services. Nursing homes that outsource to related organizations tend to have fewer nurses and aides per patient, higher rates of patient injuries and unsafe practices, and are the subject of complaints almost twice as often as independent nursing homes. Litigating nursing home injuries has become complex.
Attorneys, physicians, insurers, employers, and other potential parties to litigation need to understand the types of litigation issues that may arise in connection with a nursing home injury.