When a loved one goes into a skilled nursing facility, loved ones usually trust that the staff are appropriately vetted. Inadequate screening and background checks in nursing homes leave your loved ones vulnerable to physical, financial, and emotional abuse.
Residents of these facilities have rights that protect them from this kind of treatment, and if the nursing home is negligent in basic protections, you may be able to work with a Butte nursing home abuse attorney to help you recover compensation for the harm done.
Do Nursing Homes Do Background Checks?
The Code of Federal Regulations provides protections against abuse and neglect for those in long-term care, and a key part of compliance and prevention is ensuring that those who work in these settings are adequately vetted. While the state of Colorado does not mandate blanket background checks, facilities must complete them to receive certain funding, including the ability to accept Medicaid/Medicare patients.
Do Nursing Home Background Checks Prevent Abuse?
Nothing is 100% effective when it comes to preventing elder abuse and neglect. However, background checks can reduce risk in several ways. First, they can identify red flags that can prevent facilities from hiring high-risk individuals, and preventing those who have an established history of abuse or neglect from gaining access to vulnerable populations.
However, background checks should not be used as the only source of vetting, but in combination with other reference and employment checks.
What Happens When Dangerous Employees Are Not Screened?
When a facility fails to appropriately conduct or review a background check, they may unknowingly allow high-risk individuals access to vulnerable populations. This may be someone who has an established history of failing to control their temper, making them more likely to abuse your loved one, someone with unresolved substance abuse issues who steals their meds, or even someone with a history of sexual misconduct who perpetrates sexual abuse.
What About Laws Against Hiring Convicted Criminals To Work In Nursing Homes?
Having a criminal record does not automatically bar you from employment. There are very few blanket laws that bar agencies from hiring you. In fact, recent legislation, such as the Clean Slate Act, seals certain types of records. However, those that include violent crimes or crimes against vulnerable populations remain as likely disqualifying components of a criminal record when it comes to nursing home employment due to licensing and funding guidelines.
Additionally, agencies can be held liable for the actions of their staff, making it a significant liability to knowingly hire someone with a criminal background of violent crime, drug-related offenses, or theft.
Call Our Butte Nursing Home Abuse Lawyers Today
If your loved one was the victim of nursing home abuse or neglect, and you suspect that the responsible party has a history of similar behavior, you may benefit from calling Everett Cook Law to discuss the situation. If you have evidence that the facility should have known of the history through a reasonable background check process, you may be eligible for compensation from them. Call us today to schedule your free case consultation.