Hiring Unqualified Caregivers Can be Oregon Nursing Home Negligence

When Unqualified Caregivers Commit Medical Malpractice, the Nursing Home May be Negligent


Nursing homes are able to provide a higher level of care than assisted living and adult homes.  This is because they can provide a limited range of medical treatment and procedures on residents.  Nursing homes have a physician or physicians on staff to provide medical care.  Many nursing facilities also have visiting doctors who come in on a regular basis, for scheduled appointments, or in emergency situations.  There are also other healthcare professions such as nurse practitioners, technicians, and other staff that help to render care.


While a nursing home and its staff cannot be expected to care for residents to the level of a hospital, a nursing home still must provide staff which is able and qualified to render the care that a nursing home should be able to perform.  When a nursing home or nursing facility hires staff that are unqualified for the position, residents could be harmed.  This is particularly true when doctors, nurses, or nurse practitioners who perform medical procedures and treatment make the mistakes.  When this happens the nursing home may be liable for the medical malpractice for failing to hire qualified staff.


Oregon Law Requires Nursing Homes to Hire Qualified Staff


Like all states, Oregon requires that nursing homes hire competent and qualified staff.  The requirements for each facility will vary depending on the nursing home’s license with the state, and it will also vary on the number of beds, level of care, and even location.  But both statutory law (Legislature-made law) and common law (judge-made law) require the nursing homes hire staff that are able to fulfill the positions they are filling.


When a nursing home hires staff that are not qualified and a resident is injured due to reckless, careless, or negligent conduct by the unqualified employee, the nursing home may be liable under two legal doctrines.  The first doctrine is vicarious liability for the negligence of the employee, wherein an employer will be liable for the negligent acts of an employee committed within the scope of employment.  The second doctrine is for negligent hiring of staff who are qualified to perform the tasks assigned to them.  This is negligence asserted directed against the nursing home for negligent hiring.


How to Prove a Nursing Home Negligently Hired an Employee?


In order to establish that a nursing home negligently hired an employee, a victim of medical malpractice must prove that the nursing home knew or should have known that the employee being hired was not qualified to render the level of care assigned to him or her.  This is because the nursing home must vet or screen their employees.


There are several scenarios where a nursing home may be liable for the medical malpractice caused by an unqualified employee that the facility negligently hired.  For instance, a nursing home cannot hire a nurse to perform the tasks of a doctor, or a technician to perform the tasks of a nurse.  Nursing homes also most ensure that medical providers hold the license for their profession and the proper degrees.  Further, certain criminal convictions may also preclude individuals from being hired for certain jobs.  For instance, an individual with several drunk driving convictions should likely not be operating a transport vehicle with patients, especially if he or she has no driver’s license.


Nursing Homes that Negligently Hire Employees May be Liable for Oregon Medical Malpractice


When a nursing home negligently hires an employee that is not qualified to perform the job description, the nursing home may be liable for the medical malpractice which results in damages to a resident.  Call to schedule a FREE appointment to learn what your rights may be.  We handle cases throughout Oregon and Central Oregon, including Deschutes County, Redmond, Sisters, La Pine, Madras, Prineville, The Dalles, Hood River, Clackamas, Corvallis, Albany, Lake Oswego, West Linn, Tigard, Salem, Portland, Hillsboro, Vancouver, Washington, Beaverton, Oregon City, Eugene, Coos Bay, Astoria, Newport, Pendleton, Tillamook,  Milwaukie, Gresham, Medford, and any other city, including Bend, Oregon where our main law office is located, please call Kuhlman Law, LLC by dialing (541) 385-1999 to learn what your rights to compensation you may have.  You may also contact us using our easy and convenient “contact us” box at the bottom of our website.  If we accept your case, we will conduct a thorough investigation to get you the answers you deserve, all for free.  There is no risk, and you only pay us if we recover compensation for you

    For a free case evaluation, fill out the form below

    The use of the internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

    OR Call
    Bend, Oregon: (541) 385-1999
    Portland: (503) 479-3646
    Minnesota: (612) 444-3374

    Our Office

    Kuhlman Law, LLC
    160 NW Irving Ave, Suite 203
    Bend, OR 97703
    Email: info@StoppingMedicalMistakes.com