How Negligent Hiring May Play a Part in Nursing Home Abuse

Posted on behalf of Jeff Pitman on December 16, 2019 in Nursing Home Abuse
Updated on May 7, 2024

Recruitment lineNursing homes are tasked with caring for some of the most vulnerable in our society, our elderly citizens. Unfortunately, there are administrators who shirk this responsibility by cutting corners to save money. Negligent hiring is one of the most common shortcuts taken.

PKSD explains what negligent hiring is and how it may affect the well-being of nursing home residents who are placed in the care of a high-risk employee. If your loved one has been a victim of nursing home abuse or neglect, we encourage you to contact one of our Wisconsin nursing home abuse lawyers to see how we may be able to help.

What Is Negligent Hiring?

Negligent hiring is a legal term used when an injured party brings a claim against an employer for failing to do a thorough background screening. If that employer had taken reasonable steps to do his or her duty, an incompetent or potentially dangerous individual would likely not have been hired or had the opportunity to cause harm to others.

A full background check for nursing home staff may include:

  • References from former employers
  • Verification of employee certifications and licenses
  • Drug testing
  • Medical exams
  • Driving records
  • Credit checks
  • Criminal screening
  • Validating college degrees

Examples of Negligent Hiring

Negligent hiring in a nursing home could have a devastating effect on elderly residents who rely on nurses, therapists and other staff members for their daily care. Some examples of how negligent hiring in nursing homes or long-term care facilities may lead to patient abuse include:

  • A nurse with an expired certification who administers the wrong medication to a resident
  • A new employee who has a conviction for assault on their record who attacks a resident
  • A nurse with certification from a non-accredited school who improperly performs CPR on a resident, resulting in the death of that resident
  • A physical therapist is hired in a state where the therapist is not licensed and he or she injures a resident during a therapy session

Consequences of Negligent Hiring

A nursing home where administrators cut corners and consistently engage in negligent hiring practices could put the well-being of its residents at risk. Nursing home residents are already vulnerable because they are placing responsibility for their health and well-being in the hands of doctors, nursing staff, physical therapists, nutritionists, nursing assistants and other staff members. If these staffers are not properly qualified, have violent tempers, are sexual predators or are not trustworthy, residents may be at high risk for things like:

  • Neglect
  • Medication errors
  • Physical or sexual abuse
  • Emotional abuse

From a business perspective, negligent hiring is damaging to a nursing home that could be subjected to lawsuits if a resident suffers abuse or neglect at the hands of an incompetent or dangerous caregiver.

Nursing homes are responsible for the actions of their employees, which is why background checks are a vital part of the hiring process.

If your loved one was injured by a nursing home employee, we are prepared to help you investigate whether there is evidence of negligent hiring.

Some examples of the physical, emotional and financial harm a nursing home resident may suffer as a result of negligent hiring, include, but are not limited to the following:

  • Fractures
  • Bedsores
  • Scratches
  • Severe bruising or lacerations
  • Concussions or traumatic brain injuries
  • Public humiliation
  • Purposeful isolation from other residents
  • Theft
  • Financial fraud
  • Dehydration and malnutrition
  • Serious harm or death resulting from medication errors

Have a Loved One Injured in a Nursing Home? Call an Attorney Today

If you have a loved one who was injured in a nursing home due to negligent hiring practices, it is important that you notify the authorities immediately. Then, we recommend that you contact our office to arrange for a free consultation with one of our experienced nursing home abuse lawyers.

At PKSD, we have been advocating for our elderly citizens in Milwaukee for decades, and we are prepared to help seek justice and fair compensation for the damages your loved one has suffered. Consultations are free and confidential, with no obligation for you to move forward with a claim. However, if you hire us, we do not collect any money unless we are first successful in obtaining compensation on behalf of your loved one.

Call our office today to get started. Our phone lines are open 24/7: 414-333-3333

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