Common Failures in Nursing Home Background Checks

How negligent hiring puts Pennsylvania nursing home residents at risk

Background checks are a critical safeguard to protect vulnerable individuals in nursing homes from abuse and neglect. Unfortunately, when nursing homes in Pennsylvania fail to conduct thorough background checks, the consequences can be devastating.

With over 700 nursing homes and 80,000 residents across the state, these facilities bear a significant responsibility for the well-being of elderly and vulnerable individuals. Ensuring that staff members are thoroughly vetted before they interact with residents is essential to preventing nursing home abuse, neglect, and other forms of harm.

Background checks serve as a frontline defense designed to prevent the hiring of individuals with histories of criminal behavior, abuse, or neglect. When nursing homes neglect this vital step, they put their residents at serious risk.

If your loved one has suffered due to negligent hiring practices at a Pennsylvania nursing home, it's crucial to understand the background check requirements and their implications. Identifying when these safeguards have failed can help you protect your loved one and hold the facility accountable.

Pennsylvania’s legal requirements for nursing home employee background checks

In Pennsylvania, background checks are not just a best practice but a legal requirement. The state has stringent laws regarding background checks for nursing home employees.

Nursing homes must comply with state laws that mandate thorough screening of employees, ensuring that those who pose a risk to residents are not hired. These laws are designed to protect residents from individuals who may have a history of criminal behavior or abuse.

Federal and state law requires nursing homes to run these and other types of background checks:

Criminal History Record Information (CHRI). All nursing home employees must undergo a criminal history check through the Pennsylvania State Police. This check reveals any past criminal convictions within the state. If the individual has not resided in Pennsylvania for the past two years, a national criminal background check, including an FBI fingerprint check, is also required.
Child Abuse Clearance. Although nursing home residents are primarily adults, employees must also obtain a Child Abuse History Clearance from the Pennsylvania Department of Human Services. This clearance helps identify individuals who have been involved in child abuse, which is crucial as a history of such behavior could indicate a risk to vulnerable adults.
Prohibition on Hiring Certain Individuals. Pennsylvania law prohibits nursing homes from hiring individuals who have been convicted of certain offenses. These include violent crimes, sexual offenses, and other serious crimes that would indicate a potential threat to residents.

In addition, Pennsylvania law requires nursing homes to perform regular checks on their employees to ensure that their background checks remain current. This ongoing monitoring helps to identify any new criminal behavior that may occur after an employee is hired.

Common failures in background checks and their consequences

Despite the legal requirements, there are instances where nursing homes fail to conduct background checks properly. These failures can have devastating consequences for residents. Here are some common ways that nursing homes may fail in their duty:

Incomplete Background Checks. Some nursing homes may perform only the basic checks, overlooking national databases or failing to obtain the necessary FBI fingerprint checks for out-of-state applicants. This can allow individuals with criminal histories in other states to slip through the cracks.
Ignoring Red Flags. Even when background checks are conducted, some facilities may ignore or downplay the significance of certain findings, such as minor criminal convictions, without fully considering the potential risk to residents.
Failure to Recheck Employees. Nursing homes may fail to conduct regular rechecks of employee backgrounds. This can result in employees who commit crimes after being hired continuing to work with vulnerable residents.
Negligent Hiring Practices. In some cases, nursing homes may be desperate to fill staffing shortages. They may rush the hiring process, leading to inadequate background checks or hiring individuals with questionable histories.

The consequences of these failures can be severe, including physical abuse, neglect, financial exploitation, and emotional harm to residents.

Common types of injuries and illnesses resulting from nursing home abuse or neglect include fractures, malnutrition or extreme weight loss, dehydration, infections, and emotional trauma, all of which can severely impact a resident's health and quality of life.

Legal recourse for victims of negligent hiring in nursing homes

If your loved one has been harmed in a Pennsylvania nursing home, you may have legal recourse. Nursing homes have a duty of care to ensure the safety and well-being of their residents. When they fail in this duty by hiring individuals with dangerous backgrounds, they can be held liable for any resulting harm.

A nursing home abuse and neglect attorney can help you take the following steps:

Assist in Relocating Your Loved One: If your loved one is in a dangerous or suspicious situation, an attorney can help you safely relocate them to a more secure and caring environment, ensuring their immediate safety and well-being.
Investigate the Hiring Practices. An attorney will thoroughly investigate the nursing home’s hiring practices to determine if they complied with state laws. This includes examining the background checks that were (or weren’t) conducted.
Gather Evidence. Your attorney will gather evidence of any harm that resulted from the negligent hiring, such as medical records, witness statements, and expert testimony. This evidence is crucial in building a strong case against the nursing home.
File a Lawsuit. If the evidence supports it, your attorney will file a lawsuit against the nursing home for negligence. This lawsuit may seek compensation for medical expenses, pain and suffering, emotional distress, and other damages.
Seek Justice and Compensation. The ultimate goal of taking legal action is to seek justice for the victim and obtain compensation for the harm suffered. This compensation can help cover the costs of medical treatment, therapy, and other expenses related to the abuse or neglect.

By pursuing legal action, victims and their loved ones help hold nursing homes accountable for their negligent hiring practices. This accountability can lead to changes in policies and procedures, helping to prevent future harm to other residents.

Holding the nursing home accountable

If you are concerned about the safety of a loved one in a Pennsylvania nursing home, there are several steps you can take to ensure they are protected from potential harm:

Ask About Background Checks. When choosing a nursing home, ask about their background check procedures. Ensure that they are conducting thorough checks in compliance with Pennsylvania law.
Monitor Care Closely. Stay involved in your loved one’s care. Regularly visit the nursing home, speak with staff, and observe the interactions between staff and residents. If you notice any signs of abuse or neglect, report them immediately.
Request Information. You have the right to request information about the employees caring for your loved one. Don’t hesitate to ask the nursing home for details about the background checks conducted on specific staff members.
Report Suspicious Behavior. If you suspect an employee may pose a risk to residents, report your concerns to the nursing home administration and, if necessary, to the appropriate authorities.
Consult with an Attorney. If you believe that your loved one has been harmed due to negligent hiring practices, contact an experienced Pennsylvania nursing home abuse and neglect attorney nursing home abuse and neglect attorney as soon as possible. An attorney can help you understand your legal rights and take the necessary steps to protect your loved one.

When nursing home background checks fail, fight back

Background checks are critical for the safety of nursing home residents in Pennsylvania. When nursing homes fail in this responsibility, the consequences can be devastating. If you suspect negligent hiring practices harmed your loved one, act now. Contact Hal Waldman & Associates in Pittsburgh for a free case evaluation.

A member of our team can listen to your concerns, explain your legal options, and guide you through the next steps. This free case evaluation is your opportunity to get the answers you need and start the process of holding the nursing home accountable and ensuring your family and loved one receive the justice and compensation they deserve.

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