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 Liability for assault of staff 
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Joined: Wed Dec 30, 2009 1:46 pm
Posts: 3213
Location: WA
Post Liability for assault of staff
Does anyone know whether or not a patient/resident could be liable for physical abuse of facility staff? Thank you.

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Pat [68] married to Derek [84] for 38 years; husband dx PDD/LBD 2005, probably began 2002 or earlier; late stage and in a SNF as of January 2011. Hospitalized 11/2/2013 and discharged to home Hospice. Passed away at home on 11/9/2013.


Last edited by mockturtle on Sat Dec 18, 2010 3:23 pm, edited 1 time in total.



Sat Dec 18, 2010 3:02 pm
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Joined: Wed Oct 28, 2009 11:53 am
Posts: 969
Location: Ocala, FL
Post Re: Liability for assault of staff
I didn't see a funny face.... Are you asking for real?

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Leone Carroll (75); wife of Dale (75) who passed away March 23, 2011


Sat Dec 18, 2010 3:06 pm
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Joined: Wed Dec 30, 2009 1:46 pm
Posts: 3213
Location: WA
Post Re: Liability for assault of staff
Yes. You might want to read my other post.

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Pat [68] married to Derek [84] for 38 years; husband dx PDD/LBD 2005, probably began 2002 or earlier; late stage and in a SNF as of January 2011. Hospitalized 11/2/2013 and discharged to home Hospice. Passed away at home on 11/9/2013.


Sat Dec 18, 2010 3:08 pm
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Joined: Wed Dec 30, 2009 1:46 pm
Posts: 3213
Location: WA
Post Re: Liability for assault of staff
I'm talking about a resident/patient assaulting a staff member. I just edited the first post to make that clear.

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Pat [68] married to Derek [84] for 38 years; husband dx PDD/LBD 2005, probably began 2002 or earlier; late stage and in a SNF as of January 2011. Hospitalized 11/2/2013 and discharged to home Hospice. Passed away at home on 11/9/2013.


Sat Dec 18, 2010 3:22 pm
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Joined: Sat Oct 06, 2007 4:28 pm
Posts: 744
Location: LA
Post Re: Liability for assault of staff
Pat, please see my post under Treatment Options.

Dorthea


Sat Dec 18, 2010 3:45 pm
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Joined: Sat Jan 03, 2009 2:59 pm
Posts: 1978
Post Re: Liability for assault of staff
Pat,
I have searched around and found nothing on Liability to the family , everything I found was NH abuse, I hope someone can answer this for you, Is Derek giving them a hard time today?

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Irene Selak


Sat Dec 18, 2010 4:27 pm
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Joined: Fri Jan 15, 2010 9:33 pm
Posts: 3402
Location: Vermont
Post Re: Liability for assault of staff
I don't have any diffinitive answers either - do you have a lawyer you could ask? My gut reaction is that a facility would be hard-pressed to file charges against someone with a neurological disorder. My dad punched, kicked and I think bit some of his caregivers a couple of months ago because he didn't want to go in the whirlpool bath. These folks do have a really hard job.
Let us know if you find an answer. I am hoping for your sake that they can't file charges. Lynn

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Lynn, daughter of 89 year old dad dx with possiblity of LBD, CBD, PSP, FTD, ALS, Vascular Dementia, AD, etc., died Nov. 30, 2010 after living in ALF for 18 months.


Sat Dec 18, 2010 4:37 pm
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Joined: Fri Aug 11, 2006 1:46 pm
Posts: 4811
Location: SF Bay Area (Northern CA)
Post Re: Liability for assault of staff
In our local support group, several years ago a gentleman with presumed LBD was physically aggressive towards other residents and staff, causing hospitalization for at least one person. He was charged with a crime, and placed in a locked-down psychiatric facility run by the county.


Sat Dec 18, 2010 5:13 pm
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Joined: Wed Oct 28, 2009 11:53 am
Posts: 969
Location: Ocala, FL
Post Re: Liability for assault of staff
My mother regularly bit her caregivers this last year. The bite often broke the skin. They banged her on the head ... and then she would complain that they hit her. We knew what was going on.

I'm so sorry.

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Leone Carroll (75); wife of Dale (75) who passed away March 23, 2011


Sat Dec 18, 2010 5:52 pm
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