Negligent Hiring Leads to Nursing Home Injuries in Tennessee

Staffing a nursing home with the right people is critical to the safety and wellbeing of its residents.  The staff, including medical professionals, aids, food preparers, and janitorial personnel, needs to have the training to deal with the assigned tasks as well as the patience to work with the residents.  It is imperative that the people employed in the nursing home or residential care facility do not have any past indications of bad behavior that could negatively impact those dependent on their care.  Also, there needs to be sufficient staff on duty at all times to be sure that employees do not become over-worked, leading to low morale and short tempers.

Nursing homes or assisted living facilities typically provide services for elderly residents aged 65 years and older, but there may be people of any age requiring the specialized care available.  One of the unique aspects of this system is the particular vulnerability of the population.  The owners and operators have a duty to hire caregivers and other staff who have the temperament and training to provide the necessary services without jeopardizing the health and wellbeing of the residents.  If these nursing home managers breach this obligation through negligent hiring practices then they must be held accountable.

Maintaining a full, well-qualified staff means that profits for private nursing homes are decreased.  In addition, performing extensive background checks requires personnel time and a financial expenditure for each review.  Therefore, many nursing home owners and operators do not invest the resources that are necessary to ensure that the caregivers have clean backgrounds, free from criminal activities or abuse allegations in their history, as well as the appropriate training and experience to perform the duties up to accepted standards.  The residents who count on the nursing home staff for all of their needs suffer because of these negligent actions.

When a nursing home or residential care facility does not hire qualified and licensed personnel, there are many problems that may result, including:

• Maintenance of a sanitary and safe facility;
• Administration of medications at the correct times;
• Improper feeding practices, where residents do not get the correct meal or do not get the assistance that they need to eat their food; and
• Necessary room visits to turn residents to decrease the risk of bedsores, change soiled clothes or linens, or move a resident from a chair to bed, or vice versa, are skipped or performed inadequately.

These errors may not be considered bad behavior by an overworked, underpaid staff who cut corners to get through the day.  However, they can have terrible consequence for the residents, including illness, severe bed sores, bacterial and fungal infections, loss of muscle tone, and malnutrition.  In addition, nursing home staff who lack the appropriate temperaments or have a history of violence or abuse may intentionally harm residents.

There are many examples of actual physical violence against nursing home and assisted living facility residents leading to severe harm.  The injuries may result from:

• Assault or other forms of physical abuse;
• Improper restraint; and
• Falls caused by intentional of reckless behavior.

Emotional abuse also is common in many nursing home settings.

When this type of abuse and physical harm comes to light, it often can be traced back to employees who have violent, and even criminal, behavior in their professional and personal history, which would have been revealed if a proper background check was conducted.

Entrusting the care of an elderly relative or special needs individual to a nursing home is a difficult decision.  When that trust is betrayed, it is necessary to hold the nursing home or assisted living facility accountable for the negligence that led to the harm suffered by a loved one.  The Tennessee nursing home abuse law firm of Bailey & Greer has the experience to get compensation for the injuries suffered by a resident of a nursing home with the compassion to work with you during this difficult time.  To schedule a free consultation, please call us at 901-680-9777.  At Bailey & Greer, PLLC we are small enough to care, big enough to fight, and experienced enough to win.