Home Health Nurse Cannot Sue Alzheimer’s Patient and Family for Personal Injury

On Monday, August 4th, the California Supreme Court ruled that home health nurses cannot sue their patients for personal injury, when the injury is incurred due to the condition the nurse is there to assist with.

“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 A. Corrigan wrote for the court.

The original personal injury case was brought forth by Carolyn Gregory, a home health nurse who was assigned in 2005 to work with Bernard Cott and his wife, Lorraine, who had Alzheimer’s disease. Gregory was trained to care for Alzheimer’s patients and assist in basic daily activities like dressing and bathing. In 2008, Gregory was washing a large knife in the sink and Mrs. Cott bumped into her by accident, causing Gregory to slice her wrist and lose feeling in several fingers. She still experiences recurring pain, according to court documents.

Gregory has received workers compensation for the incident, which the court ruled she was entitled to. However, the home health nurse has also sued for personal injury and premises liability, and filed a lawsuit against Lorraine Cott specifically for battery.

In the 5-2 decision on Monday, the California Supreme Court ruled that Gregory was not entitled to pursue the personal injury, battery, or premises liability lawsuits against the Cotts, as Alzheimer’s patients cannot be held liable for injuries they inflict on those around them.

“California and other jurisdictions have established the rule that Alzheimer’s patients are not liable for injuries to caregivers in institutional settings,” the ruling states. “We conclude that the same rule applies to in-home caregivers who, like their institutional counterparts, are employed specifically to assist these disabled persons.”

“While many such patients never become violent, it is equally true that not all fires injure firefighters, and not all dogs bite veterinarians,” the ruling states. “Nevertheless, because the risk of injury from those causes is inherent in the occupations of firefighters and veterinarians, it is settled that no duty is owed to protect them from the very dangers they are hired to confront.”

Gregory argued in her personal injury and premises liability case that home health workers do not have access to specialized equipment, which nurses in institutions and nursing homes use to help with unruly patients. That puts home health nurses at higher risk, she argued.

She also argued that her injury stemmed from light housekeeping, which was not what she was hired to do. However, the court said that light housekeeping was an assumed part of her contract in caring for Mrs. Cott, so still qualified her for workers comp but no personal injury case.

The Strom Law Firm Can Help with Personal Injury Cases

If you are unsure of your rights, as a driver, worker, consumer, or shopper, and you or a loved one have been injured in an accident, you may be entitled to compensation for medical bills or lost wages. The experienced lawyers at Strom Law, LLC, can help. Please contact us for a free consultation regarding your personal injury case.803.252.4800.