I am a Nurse Aide and I just vollunteered to Respite a man who is bedridden. I was told by the vollunteer leader that I cannot touch any person (no transfer-no touching)
I could be sued and lose my home if they would fall or get hurt.
I said I would not touch them. But is this really a case where I could get sued and lose everything I have worked my life for?
2007-02-01 23:21:54 · 5 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
You can be sued for anything. In the matters of medicine and health, I think that in order to live comfortably sometimes you need to accept that and do what you feel is ethically correct in the moment you are in. Either way you will probably get sued, but if you do what you find ethically correct, then you have a better defense than anything, and you can sleep well at night. If you are caring for the man and the house caught fire...you would help him out, because it is the right thing to do. If he fell in the process...you may get sued. If he died in his bed, because you didn't help him...you may get sued and you may never forgive yourself.
Follow the rules...until you have absolutely no other choice.
On a side note...we often talk and laugh about court cases that seem so ethically wrong...(the elderly woman who sued Mcdonalds for being burned by coffee.) What most people don't know is that most of these crazy cases...including the Mcdonalds one get turned over in appeals.
2007-02-01 23:38:20 · answer #1 · answered by Anonymous · 1⤊ 0⤋
Anybody can sue for anything, but the real question is can they win and recover damages. Your question is not a model of clarity because I can't tell if this is a hypothetical situation or if you actually helped the person against your prior instructions.
If you acted negligently and the person was injured, they might be able to sue you. Some states, like California, have Good Samaritan laws that protect properly trained volunteer rescuers if they cause injuries to someone.
Finally, laws vary by state, so consult a local attorney.
2007-02-02 00:35:20 · answer #2 · answered by Carl 7 · 0⤊ 0⤋
Yes, it is possible. The group you volunteered for should have liability insurance with adequate limits. When you are volunteering, you are acting as an agent for the group. The doctrine of Respondeat Superior applies. It gives the plaintiff the right to sue the volunteer group, because that's where the insurance money is.
Your homeowners' liability insurance would not afford coverage to you since the activity involves a business/profession.
There is not much you can do to protect your assets under these circumstances.
2007-02-01 23:30:42 · answer #3 · answered by regerugged 7 · 1⤊ 0⤋
Yes, since you are volunteering for them you are just like a worker, so they can sue your because you are like a worker, without any special insurance you would have to pay damages. However, just do what you were told---don't touch any patients and there will be no problem.
Regards,
Pablo
2007-02-01 23:42:58 · answer #4 · answered by Scott 6 · 0⤊ 0⤋
can you sue them if you fall or get hurt?
2007-02-01 23:27:48 · answer #5 · answered by Anonymous · 0⤊ 0⤋