Holding Nursing Homes Liable For Negligent Hiring Practices
Nursing homes have the very important task of caring for society’s most vulnerable population, the elderly. Unfortunately, nursing home administrators do not always take this responsibility seriously. Instead, they prioritize the profits of the facility over the safety and well-being of their residents. They try to cut corners in an effort to save money. One of the most common ways they do this is by engaging in negligent hiring practices.
If your loved one has been hurt in a nursing home, it is important to determine if negligent hiring practices contributed to the injury. If so, you can hold the facility liable for nursing home abuse.
What is Negligent Hiring?
Negligent hiring is a legal term that refers to a facility that failed to perform a thorough background check on their employees. Nursing home administrators have a legal duty to ensure that the people they hire are professional, experienced, and competent so they know they do not pose a threat to residents. When nursing homes fail to meet this duty of care and engage in negligent hiring practices, they can be held liable for any injuries and other losses a resident sustains.
Conducting a thorough background check on nursing home staff members may involve:
- Obtaining references from previous employers
- Verifying the licenses and certification of nursing home staff members
- Conducting drug tests
- Performing medical exams
- Obtaining driving records
- Checking the credit of potential employment candidates
- Screening employment candidates for their criminal history
- Verifying the validity of college degrees
How Negligent Hiring Results in Abuse
Negligent hiring practices are not always evident right away, so people wonder how it occurs. Negligent hiring can result in nursing home abuse in many ways. Some of the most common include:
- A nurse may be allowed to work even though their certification has expired and they administer the wrong medication to residents
- A nursing home may hire a new employee with a criminal record, and the employee may attack a patient
- An employee may have been certified by a non-accredited school and incorrectly perform CPR, resulting in the wrongful death of the patient
- A nursing home may hire a physical therapist who is not licensed to practice in the state and they end up hurting the patient
Injuries Resulting from Negligent Hiring
Negligent hiring can result in physical, sexual, and emotional abuse, which can all cause very serious injuries. Some of the most common nursing home abuse injuries are as follows:
- Bedsores
- Broken bones
- Deep lacerations and severe bruising
- Traumatic brain injuries, such as concussions
- Malnutrition and dehydration
- Public embarrassment
If your loved one has suffered any of the above injuries, or any other due to negligent hiring, you can hold the facility liable for paying damages.
Contact Our Nursing Home Abuse Lawyer in Tampa Today
Nursing homes can be held liable for negligent hiring practices, but determining when that type of carelessness played a role is difficult. At Kohn Law, our Tampa nursing home abuse lawyer knows how to determine when a long-term care facility can be held liable, and how to hold them liable for paying damages. Call us now at 813-428-8504 or contact us online to schedule a free consultation.
Sources:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0768/0768.html
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0400-0499/0400/0400.html
