Also, assuming they can sue wondering if the scenario makes a difference in terms of the nurse having a case against the family. Would it make a difference if the patient had a reason for their aggression, ie the nurse was giving them medication or getting them out of bed against the patients verbalized refusal vs just attacking the CNA without any reason. What about if the patient has attacked the same CNA multiple times but had a reason?
agreement for employment.
I don't see how a family can be held responsible for a family member with Dementia. The aide can go to her supervisor and ask for another patient saying there is somekind of clash between them. The aide may need some further training on dealing with Dementia patients.
First, if the CNA is working in a NH then she is going to get hit. It comes with the territory. My daughter was punched in the head by a resident with LB Dementia. No she didn't like it but thats how it is when working with people with Dementia. My sweet Mom would lash out too when someone tried to make her do what she didn't want to.
I’m a little confused about who may sue who? CNA suing a family for scratches etc on the job taking care of their loved one.
You also allude to the fact that this CNA has been physically attacked by this patient more than once but there was “a reason”- like the CNA was trying to get her pt out of bed for the day & the pt didn’t want to get OOB & hit the CNA. There is no “reason” a CG should be attacked repeatedly & that this is thought of as “ok” because the patient has dementia.
CG’s in a NH deserve to work in a peaceful environment. It’s the employer’s responsibility to protect them from bodily harm.
So I‘m confused and need more details, I guess. Does the CNA feel that management never backs her up? The CNA feels the employer doesnt have policy and procedures that provide basic safety to them?
This sounds more like a workmen's comp and employer suit to me too.