Posted On July 22, 2024
Nursing homes and skilled nursing facilities face many challenges when it comes to ensuring the safety and well-being of their residents. One of the most pressing concerns we hear from our clients has to do with the prevention of falls, which are the leading cause of both fatal and nonfatal injuries among older adults. These injuries lead to a decline in quality of life and independence. The Centers for Disease Control & Prevention (CDC) has reported that documented falls in long-term care centers are 100 to 200 per year per every 100 beds, and the average facility cost per fall may exceed $17,000, not including hospital costs of about $35,000.
Addressing this issue is more critical than ever in South Carolina, where the elderly population is rapidly increasing.
Fortunately, exciting advancements in artificial intelligence (AI) offer promising solutions:
It is important to note that while introducing AI systems can assist a facility in preventing falls, it does not eliminate the facility's responsibility for resident safety. Still, staff must be adequately trained to understand and use these technologies, and clear protocols should be established for responding to AI-generated alerts. Additionally, facilities should consider potential liability issues if an AI system fails to predict or prevent a fall.
Further, residents and families should be fully informed about the use of AI technologies under resident rights. Staff should discuss this with the resident and responsible party, and written informed consent should be contained within the residency agreement. Obtaining informed consent is crucial to educating families, building trust, and limiting liability.
Lastly, facilities must be sure that their use of AI complies with all relevant state and federal regulations, including HIPAA.
Integrating AI into fall prevention strategies in South Carolina nursing homes and skilled nursing facilities holds great promise for improving resident safety and limiting healthcare costs. As technology evolves, facilities must navigate the legal landscape carefully and ensure these innovations are implemented and used responsibly. By doing so, we can create a safer and more secure environment for our elderly population, ultimately enhancing their quality of life and well-being while simultaneously decreasing exposure and litigation costs for facilities.
Hunter Morgan is a Charleston-based associate in Turner Padget’s professional liability practice.