3 Ways Human Services Organizations Can Minimize Duty of Care Breaches

July 25, 2024

By Lisa Vanore, Sarah Lambert, and Alexander Buzbee

In human services, organizations have an ethical and legal responsibility to uphold their duty of care to protect and support the well-being of individuals. When a breach of duty occurs, it can have profound consequences.

The consequences of breaching the duty of care vary significantly depending on the nature and degree of the breach, the specific circumstances and the relevant laws and regulations. Consequences can consist of legal repercussions, professional sanctions and damage to the well-being of the individuals involved.

In the case of a 58-year-old resident, a health care services organization breached its duty of care after a resident suffered a serious fall which contributed to her death. Nursing home staff members did not notify the family until over a month after the incident, and one of the staff members allegedly believed the resident was faking her pain. When the resident was finally admitted to the hospital, it was revealed she had broken two of her vertebrae and that the fractures had become infected. The patient subsequently died from the infection, resulting in the facility facing a lawsuit from the family and being fined by the state for failure to meet care standards.

By implementing the prevention tactics and strategies outlined below, human services organizations can reduce the likelihood of duty of care breaches and minimize potential risk to the organization. Knowledgeable brokers can help human services companies seamlessly implement these tactics to ensure they are leveraged to their maximum potential.

1. Provide training and education: Human services organizations should require staff to attend ongoing training sessions on topics such as ethics, legal obligations, best practices for avoiding duty of care breaches and recognizing signs of abuse or neglect. Additionally, they should educate individuals under their care, and their families, about patient rights and available support services.

2. Maintain a safe environment: Creating and maintaining safe physical environments, including homes, facilities and community spaces where services are provided, can significantly limit the frequency and severity of safety incidents. This includes safety measures such as making sure fire exits are accessible and emergency protocols are in place.

3. Implement robust incident response and reporting policies: If an incident occurs, the organization must ensure the immediate safety and well-being of the individuals under their care. This may involve calling emergency services or providing first aid. Once the immediate situation is under control, documentation and notifications should begin. Reports should be factual, objective and should not contain any subjective opinions or judgments. Depending on the severity and nature of the incident, applicable laws and the organization’s policies, notifications could include supervisors, colleagues, family members, legal authorities or regulatory bodies. After the incident is documented and reported, the organization should investigate the root causes to determine what measures could prevent similar incidents in the future.

The Power of Partnership

In this environment, partnering with the right broker can be invaluable. Conner Strong & Buckelew’s brokers help clients design and implement proactive safety and risk control programs that can help them manage and prevent claims. Our clients also benefit from the guidance of our claims and advocacy professionals and safety experts.

For more information on how our team can help, please reach out to your Conner Strong & Buckelew representative, call us at 1-877-861-3220 or email [email protected].