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Senior Living Liability

Independent living

Does offering a wellness program create liability?

It creates an assumed duty, which is enough. A daily wellness check establishes that someone was supposed to look. Once that duty exists, the question in any claim is whether it was discharged, and the answer comes from your records.

That is not an argument against offering wellness services; they sell the product. It is an argument for making sure the program you promise is the program you can consistently deliver, because whatever the marketing materials and residency agreement say is the standard you will be measured against.

Reviewing marketing copy against operational reality is one of the cheapest risk management exercises available in this setting, and almost nobody does it.

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