Alzheimer's Caregivers Cannot Sue, Rules California Court

Seniors who suffer Alzheimer’s can be a challenge to their professional caregivers, especially those who are able to age at home, outside of an institutional setting like a nursing home. Especially in later stages, Alzheimer’s patients and those with other dementia’s can be aggressive, angry, and violent. That can be a very difficult environment, especially for the in-home professional caregiver.

But if a senior caregiver suffers an injury at the hands of their Alzheimer’s client, they cannot sue the patient nor their family or estate for damages, according to a ruling by the California Supreme Court. Monday’s ruling came as a result of a case of a home health aide who was cut with a knife by her elderly client.

Prior to hiring her as to aid his ailing wife, a Los Angeles man informed the agency and the home health aide that his wife was prone to violent outbursts, including biting and scratching. Because of this prior knowledge, the court ruled 5-2 that it would not be appropriate to allow workers to sue their employers. 

California law already states that caregivers in nursing homes and other institutional facilities cannot sue Alzheimer’s patients who hurt them because those risks are inherent in their duties, especially since it’s well known that , although it’s not common for Alzheimer’s patients to become violent, discomfort and confusion can cause a violent flare-up.

The ruling is intended to help families keep their loved ones as home longer. If home healthcare workers were allowed to sue, families might decide it more financial sense to put seniors with memory issues into a nursing home.

Senior caregivers who are not warned of their client’s potential violent nature are precluded from future lawsuits, the court added. 

The best way a professional caregiver can learn how to deal with Alzheimer’s and dementia sufferers and help prevent latent violent outbursts is to partake in professional caregiver training. Caregiverlist® Basic Training, powered by Caregiver Training University provides the elemental training for every in-home caregiver. In addition, Caregiverlist® offers training videos especially for care techniques for those giving care to those with Alzheimer’s and other memory loss diseases.

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