You now find yourself in a pre-trial deposition. Why? It is occurring as a result of a lawsuit filed by a family of an adult day care client alleging inappropriate sexual contact between one of your direct care workers and their mother. The legal wrangling has been going on as you seek to defend yourself on the basis of outstanding employee preparedness as the plaintiff seeks to paint your organization as one operating without professional protocol.
You are pressed by the plaintiff’s attorney about what specific, properly outlined, regulatory approved training you provided to your staff on the issue of appropriate boundaries and strategies to ensure certain lines are not ignored or crossed when rendering personal care. You offer an answer, but it is neither substantive nor helpful.
While no professional with any honor wants to scare someone into being their customer, the writers of this blog are concerned that too many providers of adult day services and other areas of community based care are not operating with that legal liability checklist. This checklist helps to ensure you consider liability when planning training and other routine functions.
Right next to the shower and any bathrooms should be your manual for how certain types of sensitive care are to be provided. It should also be covered in regular in-service sessions and made a part of your Operations Manual.
Each and every situation that could be encountered needs to be addressed, If you skimp on it, the results could spell disaster, even for the seasoned provider.
Our course on Avoiding the Appearance of Sexual Impropriety When Rendering Care is designed as both a pre-licensing, continuing education and in-service item. While nothing is fail-safe, surely the right education can help prevent heartache.
Even in civil litigation when certain accusations may arise, no one may be able to prove malice on your part or intentional abuse. Question is, does that make it any less important to be prepared to demonstrate yo have covered all the bases with your team well in advance?
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