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Podcast

Senior Living & LTC: Documentation and what defensible records require

Explore how documentation impacts care, operations, and litigation in senior living, with practical guidance on charting standards, risk, and defensible records.

This episode of Risk Insights Senior Living and Long-Term Care examines a topic that affects clinical care, operations, and litigation outcomes every day: documentation. Host Tara Clayton is joined by Kayla Meek, Vice President, Clinical Risk for Marsh’s Senior Living and Long-Term Care Industry Practice, and Jorie Zajihczek, an attorney with Quintairos, Prieto, Wood & Boyer, to explore how documentation functions differently across senior living settings and why those differences are often misunderstood by families, regulators, and juries. The discussion highlights a central tension in the industry: providers are expected to document enough to tell the resident’s story and support quality care, but not so much that documentation becomes impractical or burdensome.

The episode also offers a practical framework for improving documentation without losing sight of the real priority: resident care. Kayla and Jorie explain why “if it’s not documented, it didn’t happen” does not neatly apply in assisted living, where charting by exception has long been the norm. They discuss how strong documentation policies, meaningful staff training, leadership support, and objective language can help providers strike the right balance. Through real-world fall scenarios and litigation examples, the conversation shows that the most effective documentation is not exhaustive — it is timely, factual, consistent, and useful to both caregivers and those later asked to defend the care that was provided.

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Key takeaways

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Understand that documentation standards differ across care settings

Independent living, assisted living, memory care, and skilled nursing do not operate under the same care model, staffing structure, or regulatory expectations. Applying skilled nursing documentation assumptions to senior living settings can create unrealistic expectations and distort how care is evaluated.

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Document with purpose: objective, timely, and tied to action

The strongest documentation is not defensive or overloaded with conclusions. It captures what changed, what was observed, what actions were taken, and what follow-up occurred so the record can support ongoing care and help explain events later if questions arise.

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Build a documentation system, not just a policy

Effective documentation practices require more than written standards. Providers need clear triggers for when staff should chart, practical training on how to document well, and regular auditing so teams can stay consistent without pulling focus away from resident care.

About our speakers

Tara Clayton

Tara Clayton

Managing Director, Marsh Senior Living & LTC Industry Practice

  • United States

Tara Clayton is the Practice Leader – Industry & Risk for Marsh’s Senior Living and LTC Industry Practice. In this role, she advises clients with strategic and tactical advice concerning effective general and professional claim resolution, risk management, and strategies to obtain maximum insurance coverage across lines of coverage. Tara’s expertise with complex litigation and creative risk management initiatives helps reduce costs, enhance value, and increase client control of their risk management programs.

Kayla Meek

Kayla Meek

Vice President, Clinical Risk, Marsh Senior Living & LTC Industry Practice

  • United States

Kayla provides clinical risk services for Marsh’s Senior Living & LTC Industry Practice, US, and Canada. In this role she supports consultation with clients regarding organizational and clinical risk to promote risk management solutions and best practices. Kayla develops thought leadership, training, and other resources in order to assist with identification and management of risks to promote resident safety and reduce losses. She uses her healthcare and senior living experience to facilitate practical risk management strategies, and enterprise awareness while understanding that individualized support and a practical approach to selecting and implementing risk management strategies need to be sustainable within the context of each client’s mission, vision, and values. She holds a BS in health and physical education, a Master’s in Public Health, a Graduate Certificate in Gerontology, and a Master’s in Nursing. As a Registered Nurse and Certified Healthcare Risk Management Professional, she is dedicated to delivering client-focused, effective risk-reduction solutions.

Jorie Zajihczek

Jorie Zajihczek

Associate, Quintairos, Prieto, Wood & Boyer, P.A.

  • United States

Jorie Zajicek, RN, JD is an associate in the Nashville office of Quintairos, Prieto, Wood & Boyer, P.A., where she focuses on defending healthcare providers, including physicians, nurses, hospitals, and senior living and long-term care facilities, in medical malpractice matters, as well as in proceedings before professional licensing and disciplinary boards. Drawing on her clinical background as a registered nurse, she brings practical insight to cases involving allegations of abuse and neglect, negligence, resident rights violations, wrongful death, and related claims.

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