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Faculty

Tara Clayton

J.D.
Managing Director
Marsh

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 is also actively involved in national and state trade associations, demonstrating her commitment to the industry and her active participation in shaping public policy.

Tara has more than 20 years of experience in the senior care industry through her roles as defense counsel, corporate counsel, and as a claim consultant.

2027 Sessions

When Residents Choose Risk: Documentation, Compliance, and Best Practices

As resident-centered care continues to evolve, providers are increasingly faced with situations where residents and families choose options that involve varying degrees of risk. Whether related to mobility, medication management, dining choices, community access, or other aspects of daily living, these decisions can create tension between honoring individual autonomy and meeting organizational obligations for safety and regulatory compliance.


This session explores the effective use of negotiated risk agreements and other practical tools that support informed choice, shared decision-making, and person-centered care. Participants will examine strategies for documenting resident preferences, facilitating meaningful conversations with residents and families, assessing and communicating risk, and creating collaborative plans that respect individual rights while promoting safety and quality of life.


Beyond negotiated risk agreements, the session will address broader risk management considerations, including clinical, operational, legal, regulatory, reputational, and organizational risks that arise when residents choose to live with risk. Attendees will gain practical approaches for navigating complex situations, reducing conflict, strengthening documentation, and fostering partnerships with residents and families.

Co-Presenter

Monday, May 24 9:30–10:15 AM
Quality Improvement & Risk Management
Faculty

Tara Clayton

J.D.
Managing Director
Marsh

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 is also actively involved in national and state trade associations, demonstrating her commitment to the industry and her active participation in shaping public policy.

Tara has more than 20 years of experience in the senior care industry through her roles as defense counsel, corporate counsel, and as a claim consultant.

Faculty

Drew Graham

J.D.
Partner
Hall Booth Smith

Drew Graham started his practice with Hall Booth Smith, P.C. in 1992, developing expertise in traditional medical and professional negligence. In 1996, Mr. Graham created the firm’s Aging Services Practice Group in response to industry demand for specialist attorneys in the evolving area of healthcare litigation. Drew is committed to making it the go-to resource for providers facing a complex and highly regulated specialty. Drew is frequently called to assist with the management of batch claims, complex discovery, and trial. He works with counsel across the country on developing strategies to address damages in all types of medical cases.

Faculty

Katie Martin

J.D.
VP Operations Legal Counsel
Trilogy Health Services

Katie Martin is the Vice President - Operations Legal Counsel for Trilogy Health Services which has over 140 senior living communities in Kentucky, Indiana, Ohio, Michigan, and Wisconsin. In this role, Katie provides legal support to management and field personnel in areas of daily operations as well as providing legal resources, education and training to assist operations. She manages all of Trilogy's professional and general liability claims as well as employment claims and litigation and also works to prevent, investigate and mitigate such claims.

Stop the Madness: Don't Settle Unavoidable Fall Cases

All too often we settle fall cases simply to avoid the cost of defense. This may save money in the short term, but it costs significantly more in the long term. When there has been no breach of duty of the standard of care, why do we throw money at it just to clear the case? Doing so only breeds more suits. It's time to throttle frivolous fall cases, to make plaintiffs work, and to resist the temptation to get out cheaply even when the case is eminently winnable.

Co-Presenter

Tuesday, May 25 1:30–2:15 PM
Quality Improvement & Risk Management
Faculty

Tara Clayton

J.D.
Managing Director
Marsh

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 is also actively involved in national and state trade associations, demonstrating her commitment to the industry and her active participation in shaping public policy.

Tara has more than 20 years of experience in the senior care industry through her roles as defense counsel, corporate counsel, and as a claim consultant.

Faculty

Donna Fudge

Attorney
Fudge Broadwater, P.A.

Donna Fudge, Esq. has developed a nationwide practice specializing in the defense of health care providers over the past 18 years. She has argued before the Florida and Wisconsin Supreme Courts, and the Florida, Pennsylvania, New Jersey and Wisconsin Appellate Courts. Donna has also spoken at many national seminars regarding the defense of health care providers. Moreover, her ideas regarding defending the health care industry have been published in national legal magazines. Furthermore, she developed a recognized expertise in Arbitration, including the drafting and enforcement of arbitration agreements as well as successfully defending health care providers in the Arbitration forum.
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