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11/22/2024 08:53:46 am

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California Caregivers Can No Longer Sue Alzheimer's Patients Who Cause Them Injury

Freyda Dvorak, 87, takes a break while playing ping pong at a program for people with Alzheimer's and dementia at the Arthur Gilbert table tennis center in Los Angeles, California June 15, 2011.

(Photo : Reuters) Freyda Dvorak, 87, takes a break while playing ping pong at a program for people with Alzheimer's and dementia at the Arthur Gilbert table tennis center in Los Angeles, California June 15, 2011.

Home caregivers in California can no longer sue Alzheimer's patients or their families for injuries inflicted on them by the said patients. The ruling, which was won by a majority 5-2 vote, was rendered in the California Supreme Court.

The ruling came about after Carolyn Gregory, a caregiver, lost a case against the estate of the Alzheimer's patient she took care of. The patient, Lorraine Cott, is no longer alive, so her insurance company was tasked with handling her estate.

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Through an agency, Gregory found a caregiving job which involved tending to an 85-year old Cott. Because Cott was suffering from Alzheimer's, she no longer had control of her temper and was known to be combative and violent.

In 2008, Cott attacked Gregory. While attempting to restrain the old woman, Gregory sustained injuries to her hands and wrists. Because of the attack, Gregory sued for damages and was given workers' compensation. However, before the case was settled, Cott passed away.

The California Supreme Court ruled in favor of Cott's estate, with the majority of the judges saying that before Gregory accepted the job, she already knew about Cott's condition and the consequential risks involved in taking care of her. The majority therefore ruled that the patient's condition did not make her liable, since accepting the job offer implied Gregory's willingness to accept the consequences and risks that came with the job.

According to Justice Carole A. Corrigan, "Those hired to manage a hazardous condition may not sue their clients for injuries caused by the very risks they were retained to confront."

The ruling was also the court's way of discouraging families in placing their relatives afflicted with Alzheimer's in nursing homes. Corrigan stated that if Alzheimer's patients who were tended to in hospitals and nursing homes were not made liable, but those in the home were, patients' families would more likely place their suffering relatives in institutions.

Gregory's lawyer, Alexander J. Petale, shared that the ruling will have negative implications, saying that it is basically freeing families from their responsibility to maintain a safe working environment for those who take care of Alzheimer's patients.

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