QUESTION

I work as a caregiver and at the end of a recent assignment, was told that the client has scabies, can I sue?

Asked on Dec 04th, 2012 on Personal Injury - Montana
More details to this question:
I work for an agency as a live in caregiver. I went on a 3-day assignment at the home of a client. On the last day, as I was preparing to leave, the client’s daughter approached me and told me that I had been exposed scabies. She told me that her mother contracted it in a nursing home. She felt that I had a right to know. However, she should have told me before I came into the home. She gave me a scabies shampoo kit. Because I work as a caregiver, I am limited to where I can work. I really should not go to other client’s house because of the potential to spread the scabies. I do not know how much the agency knew. However, I suppose that this is essential information that they should have been aware of. The agency acted strange in that the agency called me the day after I ended the assignment. On a voice message, they wanted to call the other caregiver working with the client with scabies. They stated that she wanted to ask me some questions. I called the caregiver and she was asking if I wanted to return to the home. This was totally inappropriate. The agency should have asked me this question and not the caregiver. I am very angry now and do not know how to handle this. I wanted to go home for Christmas, but now I feel contaminated. They should have told me the situation and allowed me to make an informed decision.
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4 ANSWERS

Ronald A. Steinberg
Probably not. I think that is a risk when being a caregiver.
Answered on Dec 17th, 2012 at 3:55 AM

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Criminal Defense Attorney serving Anderson, SC at The David F. Stoddard Law Firm
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Unless you are an independent contractor, you could bring a workers compensation claim against your employer. The employer would be responsible for your medical treatment, and could also have to pay 2/3 of your average weekly wage while you are out of work due to the exposure (unless they have a job you can do that would not expose you to patients). You could possibly sue the patient or her family for allowing you to be exposed without warning. However, it is my understanding that scabies is easily treated and does not normally result in any long term problems. It would probably be a case to bring in small claims court. Also, if they have no assets from which a judgment could be collected, it may not be worth the time.
Answered on Dec 05th, 2012 at 9:32 PM

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Plaintiff Animal Bites Attorney serving Missoula, MT at Bulman Law Associates PLLC
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Either you have them or you don't. Get treatment and carry on.
Answered on Dec 05th, 2012 at 8:19 PM

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No. The answer is an easy one, because there is no case without damage. You contracted nothing so you are missing at least one element of any tort case. Remember every tort case has four elements: Duty, breach of duty, breach proximately causing injury and damages.
Answered on Dec 05th, 2012 at 8:19 PM

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