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Failure To Properly Screen CNA Could Cost Facility 3.5 Million

A lawsuit was recently filed on behalf of a mentally disabled man who police say was sexually assaulted by a CNA at an assisted-living facility.  The lawsuit alleges that the Cote De Neige Home for Adults and its owner, Rose Daniels Potter, failed in their duty to exercise “reasonable care” when they hired Junious Boyd Batten for a job as a certified nursing assistant in a facility with developmentally impaired residents.

Failure To Properly Screen CNAThe home “knew or should have known that (Batten) was unfit, unsuitable, untrustworthy and incompetent for the position … and was likely to cause injury and harm to residents,” the lawsuit contends, saying the home showed “reckless disregard” for the safety of its residents. The suit also says the company didn’t adequately supervise Batten, instead making him an assistant administrator.

The civil lawsuit includes a list of 13 criminal offenses that Batten was charged with before, or during the time, he worked at Cote De Neige. The list includes several dismissed charges, as well as four that he was found guilty of: a public intoxication charge, two assault and battery charges, and a contempt of court charge.

The owner was aware of Mr. Batten’s criminal past and still hired him to work with particularly susceptible people.  Despite the extensive history, the owner claims that she had no way of knowing from the background check that Batten could end up being accused of sexually assaulting the home  residents.

This situation is exactly why all nursing home and long-term care employees with criminal records should be banned from working with seniors and the developmentally challenged.

 

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