Nursing home negligence and abuse are becoming an increasing and commonly occurring problem in California. At such a time, the state Senate report saying that nursing home assistants, who lost their certification over abuse, negligence cases, were rehired as caregivers, is disturbing, to say the least. Apparently these caregivers were able to return to work at assisted living facilities because of a computer tracking loophole, according to an Associated Press news report.

Senate Hearing Focuses on Alarming Report

A Senate subcommittee is holding a hearing over these findings compiled in a report aptly titled "Dangerous Caregivers." In one case, a nurse assistant lost her certification because she hit a blind, developmentally disabled patient with a puzzle tray. Just three weeks later, the she was cleared by the Department of Social Services to work as a caregiver in a small assisted living facility. Another nurse was decertified for stealing, but found work as a housekeeper just nine months later.

This is absolutely appalling. It is not clear whether any of these "offenders" have committed repeat offences. But, I would not be surprised if they did. There is just no excuse for allowing people who have had a history of negligence and/or abuse to work in a nursing home, where clients are the vulnerable and elderly. Would our state of California allow a known sex offender to work in a school? This is not much different. In a narrow sampling, the state report found 20 such cases of nursing assistants who fell through the cracks and are now gainfully employed in nursing homes. While the departments of Social Services and Public Health checked the criminal background of the employees, they failed to check each other's administrative actions.

Call for Immediate Action

I hope the state departments come up with a foolproof way to make sure that once a nurse or nursing aide has been decertified for negligence or abuse, they never get to work in this area ever again. Every year, thousands of senior citizens suffer serious personal injuries or even death as a result of nursing home negligence and abuse. Such lack of oversight will only increase these incidents and embolden nursing home employees – if they are not acting that way already. Lack of funding or budget cuts is not a good enough reason to place our vulnerable seniors in harm's way.

None of the parties mentioned in this article are represented by us at the time this article was posted. The source of our information is cited in the article. If you were involved in this incident and have questions as to your rights and options, call a reputable law firm for a consultation. Do not act solely upon the information provided herein. The BISNAR | CHASE personal injury law firm will provide free, confidential consultation to "not at fault" persons and their family members if you mention your source was the “Personal Injury Law Journal." They can be reached at 866-456-5235 during California business hours.

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