Drug rehab facilities commit “negligent hiring” when they aren’t careful in hiring someone new, and the mistake leads to a patient getting hurt.
Negligent hiring can occur when a new applicant’s qualifications aren’t confirmed. It can apply when a proper background check isn’t done.
These mistakes can lead to a dangerous situation for patients. Patients hurt due to negligence can seek support for recovery from facility owners. Their families can also file a claim and earn support if the patient ends up losing their life.
How Unsafe Employees End Up at Drug Rehab Clinics
The chances of Substance Use Disorder (SUD) patients recovering can often hinge on the staff members at a drug treatment center. The number of employees and the skill level of those employees will be critical.
Unfortunately, owners and operators at facilities can become careless in hiring practices, leading to a violation known as Negligent Hiring.
Negligent hiring can apply to several kinds of mistakes made in the hiring process:
- A failure to do proper background checks and reveal an applicant’s troubling record
- A failure to check references to make sure potential hires didn’t have issues at their last place of work
- A failure to verify education, licenses, certifications, and qualifications
- A failure to check for a criminal past
- A failure to conduct drug screening
There are many reasons why these lapses may occur. Facilities may not have the proper support and HR staff to manage these important checks. Budget cuts/understaffing can also mean there are fewer managers in place to properly go over a potential hire’s certifications and background.
Negligent Hiring and the Dangers to Rehab Patients
Patients already face a difficult battle to recover and restore the lives they once had. When a staff member isn’t 100% trustworthy and attentive, it can further reduce the chances of recovery.
These are a few of the ways hiring an unsafe employee can definitely affect and endanger SUD patients:
- An employee without confirmed qualifications and training may not be able to help in an emergency
- Administering medication (e.g., NARCAN)
- Monitoring patients in overdose and watching for life-threatening symptoms
- Performing rescue breathing
- Placing overdose patients in recovery position
- An employee who doesn’t get a thorough background check could have a criminal past
- Someone with a criminal past may have a drug problem
- They may bring drugs into a facility
- They may be more likely to assault patients or other staff members
Negligent retention and negligent training are other related types of negligence often committed by drug facility owners and operators. Negligent retention would describe employers who didn’t fire an employee even after violations were discovered. Negligent training would apply to a lack of training and continued education employees were provided with, leaving patients at risk.
Support for Families After a Rehab Injury
Even if negligent hiring is very obvious, evidence will still be needed when you take on a drug rehab company or corporation. They’ll have the money for teams of lawyers who will work to keep evidence out of your hands, and try to leave the blame in the lap of a helpless patient.
A skilled attorney can gain access to difficult-to-obtain evidence such as internal investigations and hiring records.
Your attorney would then demand this support and more:
For the Patient
All of the patient’s medical bills should be covered for as long as recovery takes. The patient’s paychecks that were lost while missing even more time at work must be replaced. The patient’s physical pain endured and emotional trauma suffered should also earn compensation.
For Families After a Tragedy
An attorney can represent the entire family in a wrongful death claim against a facility. Families should receive help in paying for a proper funeral and in paying off all leftover medical bills. They must get help replacing the income a loved one may have provided to help support the family each week. The family’s loss of care and guidance, and lost life events in the future, should also receive full support.
See: Who can file a wrongful death claim after a drug rehab overdose?
Contact Us If You Suspect Negligent Hiring Hurt Your Loved One.
Attorney Martin Gasparian offers a free, confidential consultation to patients and their families after an accident at a California drug rehab facility.
Call us today or fill out a free case review form.
Remember, if you find you do need our help, we charge nothing up front. We are only paid if your claim is successful. Then our lawyer’s fee comes out of a settlement a facility must pay you.