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?

It's America, people sue other people for all sorts of crazy reasons. But in this case, I don't see how anyone would have any standing to sue someone's family for a single person's actions. Regardless, since this is in a facility, I see this as a workplace issue. It's a hazard of the job. So if anyone were to get sued, it probably be the facility. I'm sure that worker had to sign an indemnification
agreement for employment.
Helpful Answer (1)
Reply to needtowashhair

I agree, request another aide if its the same one the person lashes out on. Another thing, Dementia or not, you cannot force a resident to do anything they don't want to do. If she wants to stay in bed, she stays in bed.

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.
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Reply to JoAnn29

I am a CNA. We know some people will lash out during care. It's a work issue. Doubtful any family member can be held responsible. I would let her try. I would NOT waste MY money on a lawyer just yet, let the aid spend her money. Also, get a new aide. Elderly react differently to diff aide. That aid probably was hurting your parent or didnt know how to approach your parent.
Helpful Answer (1)
Reply to ShenaD

I’m confused. A CNA wants to sue the family or a patient for bodily harm? Battery? Assault? This would be workman’s comp I would think but then you said sue the patient’s family not the patient.

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?
Helpful Answer (2)
Reply to Shane1124

Anyone can sue anyone for anything. Then comes the challenge of finding an attorney to accept the case.

This sounds more like a workmen's comp and employer suit to me too.
Helpful Answer (4)
Reply to gladimhere

Scratching and hurting? Perhaps if they were injured severely enough to require medical attention and were unable to work due to their injuries there might be grounds for a suit, but it would be against the facility for failing to provide adequate training or for not providing the staff with sufficient warnings and/or a plan to deal with the aggressive resident.
Helpful Answer (5)
Reply to cwillie

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