I work as a Nursing Assistant at a nursing home. My fellow co-workers and I have worked short staffed more than 5 times in the last month. Short staffed is 3 nursing assistants and 53 residents. Here recently it has been 4 aides with between 49-52 residents.
This has been an ongoing problem and has not gotten better. One Saturday there were two aides on the floor. Then they had to pull a restorative aid which made it three. I know families and residents can sue nursing homes but, what about the workers who have to work under such stressful conditions?
Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.
Answer
Dear Alicia,
There seems to be little doubt that your working conditions are quite stressful. With that in mind, fortunately none of the nurses or assistants have been injured as a result of the short staffing. Whether the nursing home knows it or not their short staffing may result in a substantial personal injury lawsuit in the unfortunate event one of the patients becomes injured as a result of the current staffs’ inability to care for that patient.
When it comes to your rights as nurses and nursing assistants you are governed by the Nursing Practicing Act of the State of Kentucky.
Go to the State of Kentucky’s Nursing Board’s web site at www.kbn.ky.gov
There you can learn not only about the laws and regulations which apply to nursing and hospital facilities, but you can also specifically find out whether the amount of nurses and nursing assistants employed at your facility is legally appropriate for the type of nursing home you are employed in.
There exist differences in the legal rights for nurses and nursing assistants dependent upon whether the facility is state or privately owned.
The nursing site has a plethora of important information, including telephone numbers and other contact information for your questions and complaints. Take a look at the site, you’ll be glad you did.
Learn more here: Unsafe Working Conditions
The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney.
Find a local attorney to give you a free case review here, or call 888-972-0892.
We wish you the best with your claim,
How Much is Your Injury Claim Worth?
Find out now with a FREE case review from an attorney…
To: Alica from Kentucky and other states that have worked understaffed with a lot of nursing home patients to care for is stressful…especially feeding time. I once was only one CNA on Alzheimer’s locked wing with about 18 patients and you can get held up by way patients may be acting, I was almost going to go home and quit, but I said nope ill stay & take care of them. No help from charge nurse, there are some that act like they’re too good or better than CNAs (that’s the truth) to help with anything. I loved my job. It’s the only kind job I’ve had all my working years. They are understaffed because CNAs don’t get enough pay or credit for their hard work, love, and compassion for the residents.