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Insights from the front lines part 1

Learn about what’s driving today’s claims trends and why these cases are uniquely challenging.

05/08/2026

Senior living and long-term care providers are facing a more complex and aggressive litigation environment than ever. In this episode of Risk Insights: Senior Living and Long-Term Care, host Tara Clayton sits down with senior care litigation partners John Hall Jr. and Drew Graham of Hall Booth Smith to unpack what’s driving today’s claims trends and why these cases are uniquely challenging, blending medical realities of aging with emotionally charged narratives in court.

Drawing from their book, Aging Accusations and Accountability, Hall and Graham share practical, defense-minded strategies for narrowing the gap between what care actually looks like inside a community and how it’s later portrayed in investigations, regulatory findings, and the courtroom. From documentation and early claim investigation to addressing corporate structure head-on, they outline how providers and their partners can better prepare and reflect the full picture of the care delivered.

 

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Key takeaways

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Close the “care reality vs. courtroom narrative” gap

Adverse events like falls carry inherent age-related risk, but can be reframed after the fact, making early investigation, clear communication, and strong documentation essential.

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Don’t let regulatory findings write the lawsuit’s storyline

Compliance matters, but regulatory conclusions (e.g., “avoidable”) can be amplified into intent or wrongdoing. Providers need a plan to contextualize these findings for a jury. 

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Strengthen and explain corporate structure before a claim hits

Maintaining appropriate corporate separation and being able to clearly explain why the structure exists, can reduce exposure when plaintiff counsel names multiple entities and attacks perceived “corporate motives.”

About our speakers

Tara Clayton

Managing Director, Marsh Senior Living & LTC Industry Practice

  • United States

Tara Clayton is a client executive in 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.

John Hall Jr

Hall Booth Smith, Attorney

  • United States

John E. Hall, Jr. is a founding partner of Hall Booth Smith, committed to building a premier litigation firm in the Southeast. He defends high-exposure matters—including medical malpractice, batch claims, construction, commercial litigation, mass torts, transportation, and products liability—and has tried more than 125 cases to resolution. Recognized for his work on high-exposure birth trauma and catastrophic claims, he has been named National Counsel for several major insurers, helping shape a coordinated litigation approach and supporting local counsel throughout all phases of complex cases, while also serving on the firm’s National Trial Counsel team with experience spanning security, transportation, products liability, and general liability.

Drew Graham

Hall Booth Smith, Attorney

  • United States

Drew Graham began his practice with Hall Booth Smith in 1992, building deep experience in medical and professional negligence, and in 1996 he founded the firm’s Aging Services practice to meet growing demand for specialized counsel in long-term care litigation. As chair, he has helped grow the group to more than 80 attorneys and positioned it as a key resource for health care providers navigating a highly regulated environment. Drew is frequently engaged to manage batch claims, complex discovery, and trials, and he collaborates with counsel nationwide to develop damages strategies across medical cases. Active in professional organizations and a frequent industry speaker, he is AV Preeminent® Peer Review Rated™ by Martindale-Hubbell.

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