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DataPoint: Litigation Statistics

Resident falls accounted for 42.7 percent of the 2,617 legal claims closed in aging facilities during 2014 and 2015, according to a report issued by insurance company CNA. 30 percent of the closed claims occurred in not-for-profit settings. Falls were the most common and most costly legal claim, costing aging facilities over $200 million in payments. Pressure ulcers in skilled nursing facilities were next in volume and cost, with 18.6 percent of closed claims costing over $113 million. 70.5 percent of paid claims cost between $10,000 and $250,000, and the overall average payment was $211,709. The allegation with the highest total average payment came from failure to follow physician order ($327,079).

Contact: Ken Allison, kallison@leadingageny.org, 518-867-8820