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Is poor employee screening endangering South Carolina nursing home residents.

South Carolina – March 17, 2022

South Carolina nursing home staff should be qualified caregivers that include registered nurses, licensed practical nurses and certified nursing assistants who can implement best care practices for nursing home residents who need assistance.  State nursing homes must follow federal and state laws regarding the resident bill of rights identified in The Nursing Home Reform Act under Title IV: of the Omnibus Budget Reconciliation Act of 1987.  Regulation ensures residents are receiving a proper level of care while living in nursing homes and assisted living facilities. Nursing home attorneys assist individuals and family members who suspect abuse and harm against loved ones living in long term skilled facilities.

Negligent hiring dangers.

Nursing home and assisted living facility residents are generally “at risk” due to infirmity, aging, or mobility issues and screening employees is paramount to their safety.  Legal claims may occur if an individual is hired when there was a red flag in their employment or personal history that may have predicted a negative interaction involving abusive or negligent behavior toward South Carolina nursing home residents.  Employer actions to avoid hiring dangerous individuals may include criminal background checks, examination of driving records, drug testing, proof of degrees and certifications, and employee and personal references.   In cases where a resident was harmed, the victim or loved ones must prove that the care facility was negligent in their hiring practices allowing a dangerous staff interaction with a resident.  A nursing home abuse attorney in South Carolina can guide legal action toward the recovery of damages.

Responsibility.

A nursing home facility can be held liable for any personal injury, or neglect causing harm to a resident, or patient in their care.  This negligence may have occurred by their part through:

  • negligent hiring,
  • understaffing,
  • breach of regulatory obligations to guidelines,
  • insufficient employee training, or
  • errors in treatment, or medication dispensing.

Accountability.

Liability is the state of being responsible for something and vicariously liability is a legal doctrine assigning liability for the injury to a person, even if they did not cause the injury directly, but had a legal relationship with another who directly caused injury, or harm.  A nursing home employer can be held responsible for the negligent, or abusive acts of its employees, or contracted workers, during the course of their work and through the scope of their job duties. Contracted parties, through their contracted scope of work with a nursing home, may share the liability for any neglect, abuse, or injury to a resident.  The Centers for Medicare and Medicaid recently provided an icon that reveals nursing homes with reported violations of care on the agency’s Nursing Home Compare website.

Hire an attorney.

When sub-standard care results in harm to a resident, or outright abuse occurs, legal action may be taken against a nursing home and/or the treating medical professional because acts of negligence that cause, or exacerbate existing health conditions, or place residents in danger are deviations from NHRA  rights.  Call an experienced attorney at the McDougall Law Offices, to discuss concerns if you believe a loved one is being mistreated at a nursing home in South Carolina.

McDougall Law Firm, LLC

115 Lady’s Island Commons
Beaufort, SC 29907

Phone: 843.379.7000

 

Sources.

  1. https://www.congress.gov/bill/100th-congress/house-bill/3545/titles
  2. https://www.medicare.gov/nursinghomecompare/About/howcannhchelp.html
  3. https://www.medicare.gov/nursinghomecompare/search.html

 

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