Publications: Ask the Legal Expert - November 2005

How does one guard the facility against liability issues when a resident abuses an employee?

When a resident “abuses” an employee; there are at least two scenarios that can expose a facility to potential liability (1) the employee acts inappropriately-and lashes back at the resident; and (2) the employee acts appropriately, but looks to the facility for compensation.

Every facility takes steps to avoid the occurrence of the first scenario. Despite facility policies and employee education and training addressing the appropriate response to these situations, even the best employee can react inappropriately, and unpredictably when “abused” by a resident.

Though there is no magic solution for totally preventing such inappropriate, reactions, facilities should look to update and revise their policies, continue providing employee education and training, and consider enlisting the services of outside resources, such as nursing home associations, risk-management consultants, and insurance carriers.

Education and training also are helpful for addressing the second scenario.

Every employee should be apprised of the risk of a resident “abusing” him or her and how appropriately to react to such abuse. If an employee does get injured and looks to the facility for compensation, such claims generally are addressed under the state’s workers’ compensation laws.

Both scenarios should be handled promptly and carefully to uphold the facility’s reputation and staff morale.

Reproduced with permission from McKnight's Long-Term Care News

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