What is the name of your state (only U.S. law)? CA
Hello all,
Background: My good friend owns a business in which she hires care takers to provide private assistance to the elderly who wish to remain in their homes. One of the services that my friend offers is 24 hour care for a client who really does need assisted living but doesn't want to be put in a home. To provide this service, 2-3 caretakers are assigned with rotating shifts to allow adequate coverage. Clients who can afford this service typically are affluent enough to have a spare bedroom for the caretaker to sleep in.
Incident: About a week ago, a caretaker was on duty when she needed to use the restroom. She explained to the 90 year old client that she would be back and not to get up while she is away. While the caretaker was using the restroom, the client got up and somehow fell. Her injury was bad enough to require her to go to the hospital, where she still remains.
The client's children were extremely upset (rightfully so) at their mother's accident. They have threatened my friend with a law suit for gross negligence and possibly wrongful death (if she passes).
Question: The question is, is it reasonable to have a lapse in care for a bathroom break when your service states "24 hour care". Would a case for gross negligence be possible? What wording in the contract would there have to be in order for a judge to dismiss the case?
What resources are there to do more independant research, perhaps cases similar to this one?
Thank you all in advance for any insight you can provide.
Hello all,
Background: My good friend owns a business in which she hires care takers to provide private assistance to the elderly who wish to remain in their homes. One of the services that my friend offers is 24 hour care for a client who really does need assisted living but doesn't want to be put in a home. To provide this service, 2-3 caretakers are assigned with rotating shifts to allow adequate coverage. Clients who can afford this service typically are affluent enough to have a spare bedroom for the caretaker to sleep in.
Incident: About a week ago, a caretaker was on duty when she needed to use the restroom. She explained to the 90 year old client that she would be back and not to get up while she is away. While the caretaker was using the restroom, the client got up and somehow fell. Her injury was bad enough to require her to go to the hospital, where she still remains.
The client's children were extremely upset (rightfully so) at their mother's accident. They have threatened my friend with a law suit for gross negligence and possibly wrongful death (if she passes).
Question: The question is, is it reasonable to have a lapse in care for a bathroom break when your service states "24 hour care". Would a case for gross negligence be possible? What wording in the contract would there have to be in order for a judge to dismiss the case?
What resources are there to do more independant research, perhaps cases similar to this one?
Thank you all in advance for any insight you can provide.