In the Courts: Court Finds Records of Criminal Background Checks Discoverable

December 6, 2013 | Aging Services Risk, Quality, & Safety Guidance

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In a nursing home negligence and wrongful-death action, an Ohio court of appeals has upheld a trial court’s order to a nursing home to produce records of employee criminal background checks for two employees. The plaintiff alleged that the employees were negligent in transferring the resident from her bed, leading to injuries that ultimately caused the resident’s death.

During discovery, the plaintiff asked for documents from the personnel files of two employees. The defendants objected, arguing that the request sought information that was privileged. After privately reviewing the documents, the trial court found that the defendants did not need to produce the employees’ social security numbers, compensation and benefits information, or employee medical information. Information that was discoverable, according to the trial court, included documents related to...

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