Illinois Nursing Home Administrators (NHA) Practice Exam

In a civil suit, who in addition to the nurse's aide may be liable if a resident is injured during a negligent transfer?

1. The administrator

2. The DON

3. The attending physician

4. The licensee

The correct answer is: The licensee

In a civil suit involving a negligent transfer of a resident leading to injury, the licensee may be held liable alongside the nurse's aide due to the principles of vicarious liability and professional responsibility. The licensee, as the entity responsible for operating the nursing home, has an obligation to ensure that adequate policies, training, and supervision are in place to prevent such incidents. This includes ensuring that staff members, such as nurse's aides, are properly trained in safe transfer techniques and that appropriate staffing levels are maintained to facilitate safe resident care. If it is determined that the licensee failed in their duty to provide a safe environment or proper training, they can be held liable for the actions of their employees. This creates a direct link between the licensee's responsibilities and the incident in question. While the administrator, Director of Nursing (DON), and attending physician may also have responsibilities that pertain to overall patient care and facility operations, the licensee has a broader scope of liability that encompasses the entire care system within the facility. Thus, it is appropriate to recognize the licensee as being liable in a scenario involving negligent actions leading to harm to a resident.