Top 5 Common Legal Pitfalls in Long-Term and Post-Acute Care Facilities — And How Expert Witnesses Help Address Them

Litigation in the long-term care (LTC) and post-acute care (PAC) space often centers around preventable issues that, when mishandled, can lead to serious consequences for residents and significant legal exposure for facilities. Whether stemming from operational failures or lapses in care, these cases frequently rely on expert witness analysis to uncover what went wrong—and why.

Here are five of the most common legal pitfalls in LTC and PAC settings, and how expert witnesses play a pivotal role in addressing them.

1. Fall Incidents and Inadequate Fall Risk Assessment

Resident falls are among the leading causes of injury in skilled nursing and assisted living facilities. Claims often hinge on whether the facility conducted adequate risk assessments, implemented preventive measures, or maintained safe environments.

How expert witnesses help: An expert can evaluate if the facility followed evidence-based fall prevention protocols, documented interventions properly, and responded appropriately to known risks. They also assess whether staffing levels and environmental hazards contributed to the incident.

2. Medication Errors and Oversight Failures

From incorrect dosages to missed medications, drug-related errors are a major source of litigation. These mistakes can stem from poor communication, inadequate staff training, or system failures in medication management.

How expert witnesses help: A qualified LTC/PAC expert examines medication administration records, physician orders, pharmacy communications, and staff responsibilities. They can determine whether errors were isolated or indicative of broader process breakdowns.

3. Improper Discharge or Transfer Planning

Discharging a resident too early or without proper coordination can result in poor health outcomes or readmissions. In some cases, these transitions violate regulatory guidelines or neglect the patient’s best interests.

How expert witnesses help: Experts assess whether discharge planning was comprehensive, interdisciplinary, and resident-centered. They review timelines, documentation, and care coordination across facilities to identify gaps or negligence.

4. Incomplete or Inaccurate Documentation

Clinical and administrative records are central to both care delivery and legal defense. When documentation is missing, contradictory, or falsified, it can undermine the credibility of the facility and complicate litigation.

How expert witnesses help: An experienced witness can identify discrepancies, assess the reliability of charting practices, and testify on whether the documentation meets regulatory and industry standards. They also provide insight into how poor documentation affects patient care.

5. Staffing Deficiencies and Inadequate Supervision

Chronic understaffing or lack of supervision can directly impact resident safety and care outcomes. Legal claims may allege neglect, abuse, or failure to respond to emergencies due to staff limitations.

How expert witnesses help: By analyzing staffing schedules, acuity levels, and response times, an expert can determine if staffing levels were appropriate. They also assess whether facility leadership took adequate steps to address known personnel gaps.

Conclusion: Preventable Problems, Expert Solutions

In many LTC and PAC cases, what appears to be a single mistake is often rooted in systemic weaknesses. An expert witness provides not just a clinical review but a comprehensive administrative perspective—helping legal teams understand the full context of care delivery and facility operations.

If you're handling a case involving a nursing home or rehabilitation center, engaging a qualified expert in LTC/PAC administration can bring clarity, credibility, and insight to even the most complex litigation.