Friday, August 8, 2014

“Alzheimer's Patients Are Not Responsible for Injuries They Cause”

In-house caregiver Carolyn Gregory will not collect damages in a lawsuit against Lorraine Cott, an Alzheimer’s patient, and her husband for sustaining an injury on the job, says Courthouse News.   

Gregory sued the Cotts for negligence, premises liability, and battery claims after being stabbed by a kitchen knife while restraining Lorraine, reported Courthouse News.

The case went to the California Supreme Court after being dismissed by the trial court. The Supreme Court’s decision was a divided one, with the majority maintaining the lower court’s findings, ruling in favor of the Cotts. 

According to Courthouse News, Justice Carol Corrigan, writing for the majority, remarked that “California and other states have long held that Alzheimer's patients are not responsible for injuries they cause in institutional settings like hospitals and rest homes.” 

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The opposing minority agreed that Lorraine could not be held responsible, but argued that family members of Alzheimer patients should be liable. Courthouse News reports that Justice Laurence Rubin said “her husband bears some responsibility as Lorraine's competent decision maker.”

Read the full story here.

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