Negligence in Long Term Care: Avoiding Potential Liability
By: Betty Frandsen, MHA, RN, NHA, CDONA, FACDONA, C-NE, IP-BC and
Kimberly A. Keeman, B.S.
Certified nursing assistants (CNAs) play a vital role in the delivery of healthcare to patients and residents. Specifically in long term care facilities, CNAs work very closely with their residents. Their daily duties are diverse and include, but are not limited to: feeding, bathing and dressing residents, incontinent care and toileting residents, taking vital signs, positioning and transferring residents, using mechanical lifts, performing range of motion, assisting with ambulation, and observing changes in a resident’s condition. Working in healthcare as a CNA comes with the potential exposure to liability.
In a healthcare setting, all employees are required to work in a legal and ethical manner. Failure to do so can result in fines and/or imprisonment, as well as the loss of licenses and certifications. The legal issues CNAs may encounter or witness include negligence, theft, defamation, false imprisonment, assault, battery, and abuse. One of the more common allegations CNAs face is negligence. Negligence in long term care is defined as failing to provide the care that is expected in each case, ultimately resulting in the injury or death of a patient. Often times, negligence is caused when a CNA is rushing to get work done and not taking the time to think first.
Examples of negligence in long term care include giving a resident a bath, but not checking the water temperature first and burning the person. Another example is placing a food tray in front of resident that belongs to someone else. Without checking the menu, the resident with the wrong tray eats the wrong consistency of food and chokes. This can be life threatening. Another dangerous practice involves transferring a resident by oneself when the care plan clearly states that two staff must be present for a transfer. The resident may be dropped and injured. These are all example acts of negligence that can very easily be avoided by following facility protocols and standards of care.
As a CNA you can avoid potential liability by:
- Knowing and staying within your state’s scope of practice rules.
- Doing only those tasks and skills for which you have been taught. When asked to do a task you have not been trained to do, ask for guidance.
- Thinking before you act.
- Carrying out your tasks and procedures carefully, and only as you were trained.
- Keeping up to date with your skills, education, and in-service requirements.
- Seeking the advice of a supervisor when faced when a questionable situation.
- Making sure you fully understand your assignment and what is expected of you.
- Knowing your facility’s policies and procedures and following them.
- Doing no harm to your residents and patients.
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