Staffing Errors Causing Minneapolis Nursing Home Malpractice

Negligent Hiring, Improper Training, Lack of Staff: All Instances of Minneapolis Nursing Home Malpractice

 

While some types of nursing home malpractice may be related to medical errors such as failing to diagnose, improperly treating a condition, or due to medication errors, other types of nursing home malpractice involves staffing issues.  These errors are separate causes of action against the nursing home itself.  They can also be difficult to prove without experienced representation, which is why Kuhlman Law, LLC is hosting a two-week nursing home malpractice campaign to help educate victims and their families.

 

Overview of Nursing Home Liability

 

When a nursing home employee causes a medical error, that malpractice is imputed to the nursing home facility under the doctrine of respondeat superior.  This is a type of vicarious liability doctrine which provides that an employer will be liable for the negligent acts or omissions of its employees that are committed while the employee is working within the scope of business.  This is one way to hold a nursing home facility liable for nursing home malpractice.

 

However, a nursing home facility may also be liable under a separate cause of action for its own negligence.  This could be when a nursing home negligently hires an employee, trains an employee, or staffs a shift.  This is the negligence of the nursing home itself, which can allow a victim to prove two causes of action against the nursing home; the malpractice of the employee and the negligence of the facility in hiring or training that employee, or in improperly staffing the shift.

 

Negligent Hiring Due to Nursing Home Malpractice in Minnesota

 

A nursing home facility may be liable for negligently hiring an employer where a reasonably prudent nursing home would not hire the same individual.  In addition, a nursing home facility may be negligent in hiring an employee who is not qualified for the position through the State’s licensure requirements.  This means that a nursing home cannot hire a technician to perform the tasks that a registered nurse must do.

 

Further, where an employee is simply not appropriate for the job, the nursing home facility could be liable for still hiring him or her.  For example, if an employee has a history of abusing or neglecting patients, he or she would not be a good hire.  Additionally, hiring employees with records of substantial medical malpractice or nursing home malpractice may also subject a nursing home facility to liability.

 

Improperly Training Employees Which Results in Nursing Home Malpractice

 

One a nursing home facility hires employees, it must still properly train them in accordance with the laws, regulations, policies and procedures, and within the accepted standard of care.  This must be performed both through state continuing medical education classes (CMEs), and through in-house training.  Nursing home facilities are responsible for ensuring their employers follow the policies and procedures in-house so there can be good patient care.

 

This is more important than it may sound.  Miscommunication in a healthcare facility is the most common cause of medical malpractice.  As a general rule in healthcare, if something is not documented it was not performed.  When a provider administers medication but does not record it, another provider may come and see that medication is due to be given and re-administer it.  This can result in an overdose which is very dangerous, particularly to recovering nursing home residents.

 

Improper Staffing Causing Minneapolis Nursing Home Malpractice

 

When a nursing home facility is improperly staffed to fulfill the needs of its residents, there can be liability against the health care policy.  State law, regulations, and the standard of care establish nursing home staff to resident ratios.  These will vary depending on the severity of the resident’s conditions, the type of facility, and even the time of day.

 

For instance, high risk and critical residents may be on a patient of one staff per resident, or one staff per two residents.  Whereas low-risk residents at night may be on a ratio of 1 staff per 10, 15, or even 20 residents.  Since this varies, it is important to consult with experienced counsel to understand if staffing issues caused your nursing home malpractice case.

 

When Staffing Issues Cause Minneapolis Nursing Home Malpractice, Victims May be Entitled to Compensation

 

If you or a loved one have been injured due to the medical malpractice of a healthcare provider such as a doctor, nurse, hospital, or other health care service professional, call Kuhlman Law, LLC for a FREE consultation by dialing (612) 444-3374 to learn what your rights to compensation may be.  If we accept your case, we will conduct a thorough review of your case and advise you whether there may have been a serious medical mistake causing your injury.   There is no risk, and you do not owe us money unless we win your case.

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