How Do Negligent Hiring and Supervision Result in Nursing Home Abuse?

When you admit your loved one into a nursing home, the facility has a legal responsibility to provide a safe and healthy environment and properly care for their residents. Sadly, this does not always happen. Nursing home facilities and their administrators sometimes fail to hire qualified staff members, poorly supervise employees, or they do not provide adequate training. Any of these negligent practices can cause serious harm to residents. Below, our Tampa nursing home abuse lawyers explain more.

Understanding Negligent Hiring in Nursing Homes

Nursing homes must take certain steps when making hiring decisions. They must conduct background checks to confirm that applicants can work with vulnerable individuals. These background checks also ensure that no employee has ever been convicted of assault or abuse.  Proper background checks should include:

• Performing drug screening tests
• Performing criminal checks
• Checking driving records
• Performing credit checks

In addition to these checks, nursing homes must also ensure that all employees have the proper qualifications and experience to care for nursing home residents and keep them safe. This can include confirming previous experience, following up on referrals, and taking other steps to ensure they can care for residents.

When an applicant is hired even though they have a criminal record, have failed to obtain the necessary training and education, or are otherwise unsuitable, they will not be able to provide the necessary level of care to residents. Although staff members can be held liable for their own negligent actions, facilities can also be responsible for paying damages if they engaged in negligent hiring practices.

Understanding Negligent Supervision in Nursing Homes 

Filing a lawsuit based on negligent supervision is similar to filing one on the grounds of negligent hiring. A negligent supervision lawsuit against a nursing home may be appropriate if the facility knew, or should have known, that a resident could become injured if they were not properly supervised. Common examples of negligent supervision are as follows:

• A facility administrator knew that a certain staff member and resident do not get along, but they continued to assign the staff member to the resident. The resident may then become hurt during an argument.
• A staff member may know that one resident has been making unwanted sexual advances towards another resident. The staff member fails to do anything about it, including separating the two, and the victim suffers sexual assault.
• An administrator may know that several items have gone missing from a resident’s room. Instead of investigating, discharging, or reassigning the staff member assigned to that room, they do nothing.

Call Our Nursing Home Abuse Lawyers in Tampa Today

At Kohn Law, our Tampa nursing home abuse lawyers have seen the devastation that results from negligent hiring and supervision. We also know how to fight for the rights of residents and their families and can help you obtain the full compensation you are entitled to. Call us today at 813-428-8504 or fill out our online form to schedule a consultation with our experienced attorney and to learn more about how we can help.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0400-0499/0400/0400.html