The law requires all companies to have certain hiring criteria, especially when it comes to jobs that require a high degree of responsibility and training such as in a nursing home. The management of a nursing home is required to ensure they take every step possible to only hire certified personnel to assist the residents who are staying there for their long-term care. They need to take extra precautions when hiring nurses and other medical professionals since these jobs generally require many years of education and experience to be carried out properly. Also, these professionals are given the responsibility of maintaining the good health of the residents and a small mistake on their behalf can result in major losses for the resident.
The nursing home will certainly benefit in the long run if they take out the effort to hire the right professionals to begin with. However, the unfortunate truth is that many nursing homes speed through the hiring process in order to save on expenses. When the wrong employee is hired it can lead to many unnecessary complications and accidents in the nursing home. If a resident realizes or even suspects that the employees who are caring for them are not qualified for their job, they should get in touch with a nursing home abuse lawyer in San Antonia, Texas.
If it is determined that the employee truly wasn’t qualified, the nursing home can be held legally responsible for negligent hiring. In order to prove that the facility was guilty an investigation will be required. It can be nearly impossible to get all the required documentation regarding the employee and the facility on one’s own. An attorney who is familiar with dealing with nursing home abuse cases will easily be able to use their knowledge and authority to get the required documentation which can be used as evidence in court.
Does understaffing count as negligent hiring?
A long-term care facility can be penalized for negligent hiring if they were guilty of any of the following:
- They hired an individual who was not capable or qualified for the role
- They did not conduct the required background checks on the employee
- They hired a dangerous person
- They did not hire enough staff
Understaffing is against the law and comes under negligent hiring. Residents require a lot of care and support and if there are not enough employees on board to help them not only do the residents suffer from less convenient care but the employees also get overworked and they end up getting frustrated, which eventually causes them to stop performing their job optimally.
Unfortunately, nursing home negligence and abuse are far more common than it should be. According to statistics released by the FBI around 92% of all nursing home employees have at least one criminal conviction. The management of most nursing homes often try to overlook the hiring process in order to save money but at the end of the day skipping out on this small expense may end up costing them a lot more in legal fines.