Home Health & Hospice Week

Industry Notes:

State Supreme Court Nixes Alzheimer's Lawsuits

Your employees won’t be able to sue your clients for injuries that occur when caring for an Alzheimer’s patient, according to a new decision from the California Supreme Court. “Those hired to manage a hazardous condition may not sue their clients for injuries caused by the very risks they were retained to confront,” Justice Carole Corrigan wrote for the court.

In a 5-2 decision, the state’s highest court said employers have no liability as long as the caregiver was warned of the risks and the injury was caused by symptoms of the disease, according to the L.A. Times. Workers voluntarily assume the risk of violent injury in caring for patients with the brain disease, the court said.

In the suit, home care worker Carolyn Gregory suffered a permanent hand injury while trying to restrain an 85-year-old Alzheimer’s patient at the kitchen sink. She received worker’s comp but also filed a suit against the clients. The majority said the ruling was limited to home health workers trained and employed by an agency.

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