Many nursing home companies spend a lot of time and money to make sure they have the best staff. As such, when these nursing home companies have staff members that acts badly, they want to know whether they are always responsible for the bad acts of their nursing home staff.
The question of whether a nursing home in New York is liable for the actions of its staff is multifaceted. Generally, a nursing home can be held accountable if the staff’s actions fall within the scope of their employment and are executed in the interest of the employer.
When is a nursing home company responsible?
A nursing home company is usually responsible for the actions of its staff when they are performing job-related duties. This includes adhering to the care standards mandated by the New York State Department of Health. For example, if a staff member negligently fails to administer medication correctly, the nursing home may be held liable for that negligence.
Exceptions to the rule
However, there are notable exceptions. If a staff member’s actions are outside the scope of their employment, such as intentional misconduct or criminal behavior, the nursing home may not be held responsible. Additionally, if a staff member acts against company policy or not in the interest of the employer, the nursing home might not be liable.
Regulatory framework
New York’s regulatory framework outlines nursing home responsibilities, including the obligation to report certain incidents to the Department of Health. These regulations help establish the parameters under which a nursing home is accountable for its staff’s actions. Though, to be clear, reporting such incidents does not admit any liability.
Conclusion
While New York nursing homes are often liable for the actions of their staff, there are specific scenarios where this liability does not apply. Understanding these distinctions is essential for nursing home administrators and the families of residents.
Subscribe To This Blog’s Feed