California's highest court ruled Monday that Alzheimer's patients are not liable for injuries they may give their in-home caregivers.
In a 5-2 decision, the California Supreme Court ruled that in-home care givers and other people who work with Alzheimer's patients should know that the disease causes physical aggression and agitation, so the caregivers should not be able to sue their employers for such injuries.
This decision comes in a lawsuit where a caregiver was washing a large knife, and the client bumped into her from behind causing the knife to slice her wrist, resulting in a loss of feeling in several fingers.
The aide was told the woman was prone to biting, kicking, scratching and flailing.
"It is a settled principle that 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 majority.
The caregiver had already received workers' compensation benefits, but also sued the client.
"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," she wrote.
This follows other laws in California and other states that rule caregivers in institutional settings cannot sue for damages from Alzheimer's patients who injure them.
The two judges in the minority said it is inappropriate to put private caregivers in the same category.
"Not every patient with advanced Alzheimer's is violent, and violence is not common during the disease's early stages," wrote Justice Laurence Rubin for the minority. "Thurs, exposure to violence is not inherent in caring for all Alzheimer's patients."
Rubin argued that decision lessens the amount of accountability on the part of the homeowners and family of the patients to create a safe environment.
The ruling was, however, limited to private homeowners who are trained and employed by an agency.
Corrigan strongly urged the California legislature to adopt professional training standards and enhanced working insurance compensation for caregivers. The court expects the number of people in California with Alzheimer's to increase in the coming years, so it also encouraged the legislature to re-examine whether new laws need to be put into place to protect home health workers.
