When your elderly loved one is a resident in a California nursing home, they will be in contact with a number of different staff members and other providers. These people are the ones that have the ultimate responsibility of a nursing home: proper, adequate care and treatment of the residents. Because this is a huge responsibility, California has put regulations and laws in place that require nursing homes to hire employees who are suitable for their positions.
When a California nursing home fails to perform a proper background check on a potential employee or ignores information that would have revealed the employee’s history of abusive behavior, the nursing home runs the risk of being held liable for negligent hiring. Proving negligent hiring can be complex and challenging, but with the right team of experienced California nursing home abuse lawyers on your side, it can make the process much simpler.
Free Consultations For California Nursing Home Abuse Victims
At Maison Law, our team of skilled lawyers has a proven track record of successfully handling nursing home abuse cases in California. We are dedicated to protecting the rights of our clients and holding negligent nursing homes accountable for their actions.
Don’t suffer in silence. Contact us today to schedule a free consultation with one of our team. We will help you understand your legal options and guide you through the process of seeking the available benefits and support for yourself or your elderly loved one.
What Is Negligent Hiring in California Nursing Homes?
Negligent hiring refers to the legal theory that an employer can be held responsible for injuries or harm caused by an employee if the employer knew or should have known that the employee posed a risk of harm to others but failed to take appropriate action.
In the context of nursing home abuse cases, negligent hiring refers to the failure of a nursing home facility to properly screen and vet potential employees before hiring them to work with vulnerable residents. Negligent hiring can take many forms in California nursing homes, but some common examples include:
- Hiring employees with criminal backgrounds – Nursing home facilities have a duty to ensure that their employees are qualified and suitable for their positions. This includes conducting background checks to screen for criminal histories. If a nursing home hires an employee with a history of violent or abusive behavior, they may be held liable for any harm caused by that employee’s actions.
- Ignoring prior complaints or disciplinary actions against employees – Probably the biggest example of negligent hiring in the context of nursing home abuse includes hiring employees with prior complaints or disciplinary actions. Nursing home facilities have a duty to investigate complaints or disciplinary actions against their employees. If a nursing home ignores prior complaints or disciplinary actions and continues to employ an employee who has a history of abusive behavior, it may be held liable for any harm caused by that employee’s actions.
- Hiring unlicensed or unqualified employees – Another example is a nursing home hiring unlicensed or unqualified staff members. Nursing homes have a duty to ensure that their employees are licensed and qualified to perform their duties. If a nursing home hires an unlicensed or unqualified employee who causes harm to a resident, the nursing home may be held liable for negligent hiring.
- Failing to properly train and supervise employees – Nursing homes in California have a duty to provide adequate training and supervision to their employees. This includes training on proper caregiving techniques, medication administration, and patient safety. If a nursing home fails to provide adequate training or supervision, it may be held liable for any harm caused by an employee’s actions.
Generally speaking, nursing homes and other care facilities, as employers, have a duty under California law to exercise reasonable care in hiring employees to ensure that they are qualified, trained, and suitable for their positions. When a nursing home fails to meet this duty and hires an employee who poses a foreseeable risk of harm to residents, the nursing home may be held liable for any harm caused by the employee’s actions.
Proving Negligent Hiring in a California Nursing Home Abuse Case
When it comes to proving negligent hiring by a nursing home, it’s extremely important to have a plan. Part of the process is going to involve extensive research into the nursing home facility itself. California’s Department of Public Health (DPH) and other administrative agencies responsible for nursing home regulation keep substantial records on every nursing home, and all of this information is publicly available.
Still, in order to prove negligent hiring in a California nursing home abuse claim, you’re going to need to show that the nursing home was:
- Aware or should have been aware of the potential for abuse by the employee
- Failed to take reasonable steps to prevent it
Because this process can take significant time and resources, it’s extremely helpful to work with our team of experienced California nursing home abuse lawyers. We can help guide you through this complex process, which usually includes taking the following steps:
- Gathering evidence – Collecting any evidence that supports your claim of negligent hiring is the first step in proving your claim. This may include uncovering employee’s criminal history, prior incidents of abuse, or complaints from other residents or staff members.
- Reviewing the nursing home’s hiring policies – Nursing homes are required by law in California to have written policies and procedures for hiring employees, as well as for preventing and reporting abuse. As such, you can review these policies and procedures for hiring and training employees. If the policies were not followed or were inadequate, this could support your claim of negligent hiring.
- Interviewing witnesses – One of the most direct ways to at least identify abuse is to speak to any witnesses who may have information about the employee’s behavior or the nursing home’s hiring practices. This may include other staff members, residents, or family members of residents.
- Consulting with experts – Through our experience, we have developed a strong network of experts on the topic of nursing home abuse. This includes those that are familiar with hiring practices and procedures in the industry that could review the practices of your loved one’s nursing home and then testify to the negative impact they had which led to the abuse.
- Filing a complaint – Once you have enough evidence and support in your belief that the nursing home was negligent in hiring the employee, you can file a complaint with the California Department of Public Health. This will launch a formal investigation into the nursing home, which will include a review of all staff members’ credentials, as well as the overall hiring practices of the nursing home itself.
It’s important to note that proving negligent hiring can be a complex and challenging process. However, the law is clear in that every nursing home in California has the responsibility of keeping their residents safe, which involves them taking the necessary steps when they hire staff. Failing to do this opens them up to potential legal issues.
Filing a Claim For Nursing Home Abuse in California
While proving your elderly loved one’s nursing home was negligent in their hiring practices is certainly a large step in holding the nursing home accountable, the overall goal should be to change the nursing home’s hiring practices to ensure safety moving forward. But an even more consequential step would be to file a claim for damages that resulted from the abuse your elderly loved one suffered at the hands of the nursing home and staff member.
In order to do that, you can file a claim against the nursing home itself. Our team can also guide you through this challenging process, which will include filing either an insurance claim or a lawsuit against the nursing home. No matter which option you choose, you can potentially recover the following:
- Medical expenses
- Lost wages
- Future medical care costs
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
Not only can you recover these damages, but you can also seek a court order requiring the nursing home to implement new policies and procedures for hiring and supervising employees, and for preventing and reporting abuse. This can be a powerful tool for preventing future incidents of abuse or neglect in California nursing homes. Our team of experienced lawyers can help you determine whether this is appropriate in your case and help you seek the relief that you and your loved one need.
Contact Maison Law Today For a Free Consultation
When your elderly loved one is in a nursing home, they are very vulnerable. Not only do they rely on their caregivers just to make it through the day, residents are interacting with a variety of different members of their nursing home’s staff. This leaves ample opportunity for mistreatment and abuse, all of which can be avoided if the nursing home itself takes the necessary steps not to make negligent hires. Unfortunately, many nursing homes in California fail to take these measures to protect your elderly loved one.
When this happens, Maison Law will be there to help. Our team of experienced California nursing home abuse lawyers can help guide you through the complexities of a case against the nursing home for negligent hiring when your loved one is abused. To get started with a free consultation, contact us today.
