Can I sue the home care agency whose worker stole my Dad's identity?

Get the proof and proceed!

Absolutely! Just because the worker is working at the facility caring for your dad doesn't mean they can get away with identity theft or any other crime. No matter your position, the law is the law, were all under the same laws. Therefore, nursing home workers are under the exact same laws as everyone else. If those laws are broken by anyone, the same consequences exist for everyone

Yes, good point, Grandma1954. Pull up the state Judiciary Case Search for the perp.

Identify theft is punishable in a court of law. You must have proof, though.

You will have to prove that the agency was willfully negligent. This is a tough standard to meet.

A side note on the background check.
A background check would not have showed anything if she had not been convicted. You can search for arrests but a background will usually only show an actual conviction.
(Voice of experience here, I found out the person I hired had many arrests but the back ground check was clear.)
One of the most difficult things about caring for someone at home is finding a good honest caregiver.

There's a reason to hire thru an agency - assuming they're not some fly by night operation - they need to be licensed, bonded & insured...There should be liability insurance & if the guilty party is already prosecuted, then I suspect the insurer won't have a leg to stand on in trying to deny the claim. (Ultimately, the insurer is who would pay if the suit is won.) There won't be a landslide award, but it will hold them accountable, make their infraction public and hopefully compensate for all the trouble.

First of all "nurses" any level of nurse is licensed by the state. Contact them and let them know she stole. You can also contact your state's licensing board which licenses the nursing home/facility. They can pull their license = no business. Then let it go. Continuing to pursue thieves robs YOU of your peace of mind.

Was this care agency bonded? If so, then the employees were. The agency may have insurance. Yes, they should have had a background check. If u could have found this info, they should have. There r firms that will give u free advice or on scale. Doesn't hurt to try.

URL for your earlier question:

https://www.agingcare.com/questions/sue-home-care-agency-worker-stole-dads-identity-222515.htm?cpage=0&cm=701553&z=1

If you're really uncertain how to find an appropriate attorney, find out if your local senior center has free legal advice conferences. Most in my area do, generally on a weekly or biweekly basis. Visit one, and ask the freebie attorney on behalf of your father if he/she can recommend specific practice areas and/or attorneys who can help you.

I assume you've also notified the credit reporting agencies of the identity fraud?

I'm wondering also if there might be an additional charge not only of misrepresentation by the agency, but of failing to meet the standards required of home care agencies (check your state to see if it does have such standards), since the agency "knew or should have known" (typical pleading complaint language) that the individual in question had a criminal background, but the agency erred in hiring that individual. I think fraud and negligence for a specific purpose come into play here.

First, see my answer to your earlier question on this issue.

You need to find an attorney who handles the damages aspect of criminal activity. it should be a litigator, not an elder law attorney. You also need to find out what the statute of limitations is in your state, which an attorney can advise after you find one and the categories for the suit are established.

Since identity fraud bridges into the criminal aspect, I don't know what the specific categories of suit would be; this is an issue for someone who practices in this area.

Contact your local or state bar (there's still no information in your profile so I don't know what state you're in or what assets might be available to you), or research them both to find litigation firms that handle identity fraud. You might have to start with the larger category of transactional law, then down to contracts, and go from there.

The representations made by the agency could constitute breach of contract, which would be a contracts and transactional issue.

In addition, there's a legal doctrine titled respondeat superior, which holds that an employer is responsible for the acts of its employees or agents (there is a distinction here), which would suggest there are grounds to sue the agency.

Start researching for litigators in the practice areas I suggested, and do it quickly so you're not facing a statute of limitations running out.

You would sue for financial damages, but the court should have ordered the perpetrator to repay, and your father's homeowner's insurance might have covered losses if you filed a claim within the time limits on the policy.