Under the legal theory of respondeat superior, also referred to as vicarious liability, nursing homes may be held legally responsible for harm to a nursing home resident caused by the negligent actions of their employees.
It is generally easier for residents and their families to file claims against the owner of the nursing home, rather than the individual employee. Companies typically have more funds, as well as insurance, to cover the injuries that occur within their facilities. It can also be hard to determine exactly who is responsible for the injury, as several parties may have contributed to it.
Negligent hiring of nursing home employees
When a nursing care facility decides to hire a new employee, they are expected to thoroughly vet the employee before hiring them. In addition to asking the potential employee questions during an interview, the employer must also conduct a background check of the employee to ensure that their background does not make them a danger to residents at the facility.
When an incident occurs, victims and their families may claim that the nursing home was negligent when hiring the employees involved in the incident. To defend against a negligent hiring claim, you will want to prove that you exercised due diligence and took reasonable steps to hire a competent employee. Reasonable steps may include:
- Conducting a detailed interview to question an employee on their education, skills, and job experience
- Performing drug tests
- Verifying potential employee’s college degree and other qualifications
- Comply with all laws and guidelines while performing background checks
Nursing homes in New York often face negligent hiring claims when a resident is injured in a nursing care facility. A nursing home neglect defense is necessary to establish that the company did everything possible to hire an employee that would be able to properly care for the residents in the facility.