Nursing home fights merit of scalding lawsuit
Sunday, January 28th, 2007.
San Mateo, CA - The Redwood City nursing home accused of allowing the near-fatal scalding of a mentally disabled woman is scheduled to square off with the county this fall but it and its employees are fighting the legal merits of the suit.
Res-Care and the employees named in the lawsuit have filed a motion known as a demurrer which attacks the sufficiency of the claim without addressing the actual allegations. If a judge grants the demurrer, the lawsuit can be tossed despite any truth to the facts of the case. In the suit against Res-Care, a judge could find that the company is not responsible for the actions of the single employee who injured the disabled client or that San Mateo County — which acts as the woman’s guardian — suffered any injury by the incident.
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I do not know why people do to take things more seriously. If people did, it would reduce or eliminate the negligence that is on the drastic rise both in the United States and Canada.
If the allegations in the suit are true, the book should be thrown at the employees, and not just the ones that had the responsibility for the direct care of the individual who suffered the near-fatal scalding, but also the officers and directors.
If the employees are charged with a criminal act, then so should the corporation for negligence at the very least, because the corporation failed to ensure that employees were trained and also following the policy and procedures set forth by the corporation.