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August 5, 2014

California Supreme Court Rules Alzheimer’s Patients Not Liable For Injuries to Home-Care Workers

by Sam Ranard

According to the ABA Journal and the Los Angeles Times, The California Supreme Court in a 5-2 decision, ruled that Alzheimer’s patients and their families are not liable to home healthcare workers for injuries caused by the patients. The patient’s are not liable if the health care employees were warned of the risks involved and the injuries were caused by or related to symptoms of the disease. As Justice Carole A. Corrigan wrote in her opinion,”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 court reasoned that allowing for such liability in in-home care will only encourage (more) families to institutionalize their Alzheimer suffering family members rather than seek in-home care.  “If liability were imposed for caregiver injuries in private homes, but not in hospitals or nursing homes, the incentive for families to institutionalize Alzheimer’s sufferers would increase,” Corrigan wrote.

Read more here:
LA Times Article
ABA Journal Article

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