Alzheimer's: Court Weighs Patient's Capacity In Injured Careworker's Lawsuit
Legal Eagle Eye Newsletter for the Nursing Profession
October 1998
In a care worker’s lawsuit against an Alzheimer’s patient, the court must assess the patient’s mental capacity at the time of the events in question.
In civil cases the law has always judged children differently than adults.
A child under seven is incapable of legal negligence.
At fourteen a person is judged as an adult.
Between those ages the person’s actual capacity must be assessed. COURT OF APPEALS OF INDIANA, 1998.
A certified nursing assistant filed a civil personal injury suit against a patient who hurt him. The CNA worked in the nursing home where the combative patient had been placed for care because of his Alzheimer’s disease.The Court of Appeals of Indiana said as a general rule a healthcare worker can sue a patient for personal injuries if the patient assaults the worker or if the worker is hurt restraining a combative patient.
On the other hand, as a general rule persons who are institutionalized for mental disabilities who are unable to control or appreciate the consequences of their actions cannot be sued by their caregivers.
The court refused to issue a hard and fast ruling for all Alzheimer’s patients, given the nature of Alzheimer’s disease. In the case of a healthcare worker who is hurt on the job and sues an Alzheimer’s patient, the court said it is necessary to weigh the evidence by assessing the particular patient’s mental capacity at the time of the events in question.
Creasy v. Rusk, 696 N.E. 2d 442 (Ind. App., 1998).More references from nursinglaw.com
http://www.nursinglaw.com/memory-care-skin-care.htm
http://www.nursinglaw.com/dementia-patient-fall-hospital.htm
http://www.nursinglaw.com/dementia-patient-assaulted.htm