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I was a private caregiver for 3 years. Do to an altercation with the client's son, I am now in a predicament. Does anyone know where I can seek legal advise or a way to protect myself?
Kasi, if the issue is physical and something like assault charges are in question, you would need a criminal attorney. If charges are pending, you can ask for a court appointed attorney pursuant to Miranda rights.
If the issue is not physical, but, e.g., financial, you'd be better off with a white collar criminal attorney. If it's age related, you could look for an elder law criminal attorney, but I don't know how many there are in this practice area.
Issues: Have charges been filed with a police department, and if so what's the stage of those charges? If they're financial, do you have documentation to support your position? Do you have witnesses? Any other evidence?
It's hard to give advice w/o more detail, but I can understand that you wish to keep this matter private. What I would do is:
1. Research the websites of Texas, San Marcos and county in which it's located for (a) criminal attorneys and/or (b) "pro bono" (free) attorneys if you're not able to afford to pay one. You can also contact the Texas and San Marcos (if there is one) Bar Associations for pro bono attorneys.
Some law schools also offer pro bono advice, as do Senior Centers which have arrangements with attorneys to provide limited free advice on various matters.
2. Prepare a list of relevant dates, events, charges and issues to provide to an attorney; it's a lot easier if that's available when you speak or meet.
3, Include in your list not only the facts, but witnesses and contact information, and those who may be aware of the situation. Attorneys can use this info for their investigators to research.
4. Don't discuss the situation with anyone except an attorney or LEO.
5. I can't offer any suggestions for protection as it turns not only on the incident but the charges, any witnesses, and duration since the incident (there may be a statute of limitations involved.)
I'm sorry to learn of this unpleasant situation, and hope that this limited advice offers some options.
I am sorry that you are going through this experience. GardenArtist has given you some very good advice.
You need to contact an attorney who has experience with malpractice claims. If you are lucky enough to have "Caregiver Companion Malpractice or Liability Insurance", then you need to contact that Insurance Company ASAP.
An attorney can assist you in contacting the police (if they were contacted) or the State Board of Nursing (if you are a Certified Home Health Aide, CNA, Medication Aide, LPN, or RN) and determine what type of charges (if any) are being filed against you by the client’s family.
Since you do not describe the “predicament”, it is difficult to give any sound advice other than to tell you that you need to talk to an attorney ASAP.
DO NOT DISCUSS your situation any further with this forum or any other similar forum or internet group as any information that you give can be considered as “public knowledge”; and the family’s attorney can and will use any information that you write on a public forum against you. DO NOT DISCUSS your situation with anyone else including your family or other caregivers. Talk only with your attorney about your situation.
Google “what to do if accused of caregiving malpractice” or “what to do if accused of malpractice” for further information.
If the State Board of Nursing or Department of Health and Human Services (or whatever department governs caregivers) gets involved, then expect to give a deposition about the situation. Your attorney must be with you when you give the deposition. DO NOT send any letters (of apology or otherwise) to the family or the client. DO NOT talk to the client any more or take care of the client.
I am sorry that we cannot help you any further, but this is NOT the place to discuss such a sensitive and private matter that could result in criminal or healthcare professional liability charges filed against you and affect your ability to work as a caregiver in the future.
DeeAnna, excellent advice. You caught issues that I missed, especially those affecting privacy of the poster and the need for discretion in discussing the issue.
I’m a bit surprised that the answers so far seem to assume that you are facing serious allegations of criminal assault. I certainly didn’t read that into your question – it could just as easily be that the son is making defamatory statements that might damage your reputation, and various other scenarios as well. If you wish, send me details in a private message and I will try to help. I am not ‘public’, I am a very long way away (Alice Springs), I am a retired lawyer (not too much criminal experience though), and getting legal advice is priveleged. Finding a local pro-bono lawyer can’t be a bad idea, but so might sitting tight and waiting to see whether the ‘altercation’ has any actual result or not.
Margaret, I understand what you are saying. The "altercation" and "predicament" might have just been a simple misunderstanding between the OP and the client's son with only words exchanged. But if the OP acted in an unprofessional manner towards the son, that changes even a "simple" statement into a serious problem for the OP who is a "professional caregiver".
Because the OP stated on her profile that she is a “professional caregiver with about 20 years experience”, I am directly my comments towards what can happen to a professional caregiver, (ie. CNA, Med Aide, LPN, LVN, or RN). In professional caregiving/nursing, even simple "defamatory statements" (that do not involve the police or allegations of criminal assault) have resulted in the caregiver/nursing regulatory Board of Nursing or Department of Health & Human Services deciding to put a certified or professional caregiver's certification or license on probation, limit the caregiver's ability to work or dictate where the caregiver can or can not work, or even demand that the caregiver surrender their certification or professional license.
There is a HUGE difference between being a caregiver, such as a family member or friend taking care of a person, and a professional caregiver taking care of a client or patient; and the consequences of their actions.
Margaret, you're in Australia, right? I think your offer of advice is kind, but you might want to consider whether or not you'd be jeopardizing yourself by offering advice in a jurisdiction in which you're not admitted to practice. Don't put yourself in jeopardy.
Deeanna, your advice is good, especially as to the effect and possible ramifications in health care fields.
By proceeding, I agree that I understand the following disclosures:
I. How We Work in Washington.
Based on your preferences, we provide you with information about one or more of our contracted senior living providers ("Participating Communities") and provide your Senior Living Care Information to Participating Communities. The Participating Communities may contact you directly regarding their services.
APFM does not endorse or recommend any provider. It is your sole responsibility to select the appropriate care for yourself or your loved one. We work with both you and the Participating Communities in your search. We do not permit our Advisors to have an ownership interest in Participating Communities.
II. How We Are Paid.
We do not charge you any fee – we are paid by the Participating Communities. Some Participating Communities pay us a percentage of the first month's standard rate for the rent and care services you select. We invoice these fees after the senior moves in.
III. When We Tour.
APFM tours certain Participating Communities in Washington (typically more in metropolitan areas than in rural areas.) During the 12 month period prior to December 31, 2017, we toured 86.2% of Participating Communities with capacity for 20 or more residents.
IV. No Obligation or Commitment.
You have no obligation to use or to continue to use our services. Because you pay no fee to us, you will never need to ask for a refund.
V. Complaints.
Please contact our Family Feedback Line at (866) 584-7340 or ConsumerFeedback@aplaceformom.com to report any complaint. Consumers have many avenues to address a dispute with any referral service company, including the right to file a complaint with the Attorney General's office at: Consumer Protection Division, 800 5th Avenue, Ste. 2000, Seattle, 98104 or 800-551-4636.
VI. No Waiver of Your Rights.
APFM does not (and may not) require or even ask consumers seeking senior housing or care services in Washington State to sign waivers of liability for losses of personal property or injury or to sign waivers of any rights established under law.
I agree that:
A.
I authorize A Place For Mom ("APFM") to collect certain personal and contact detail information, as well as relevant health care information about me or from me about the senior family member or relative I am assisting ("Senior Living Care Information").
B.
APFM may provide information to me electronically. My electronic signature on agreements and documents has the same effect as if I signed them in ink.
C.
APFM may send all communications to me electronically via e-mail or by access to an APFM web site.
D.
If I want a paper copy, I can print a copy of the Disclosures or download the Disclosures for my records.
E.
This E-Sign Acknowledgement and Authorization applies to these Disclosures and all future Disclosures related to APFM's services, unless I revoke my authorization. You may revoke this authorization in writing at any time (except where we have already disclosed information before receiving your revocation.) This authorization will expire after one year.
F.
You consent to APFM's reaching out to you using a phone system than can auto-dial numbers (we miss rotary phones, too!), but this consent is not required to use our service.
If the issue is not physical, but, e.g., financial, you'd be better off with a white collar criminal attorney. If it's age related, you could look for an elder law criminal attorney, but I don't know how many there are in this practice area.
Issues: Have charges been filed with a police department, and if so what's the stage of those charges? If they're financial, do you have documentation to support your position? Do you have witnesses? Any other evidence?
It's hard to give advice w/o more detail, but I can understand that you wish to keep this matter private. What I would do is:
1. Research the websites of Texas, San Marcos and county in which it's located for (a) criminal attorneys and/or (b) "pro bono" (free) attorneys if you're not able to afford to pay one. You can also contact the Texas and San Marcos (if there is one) Bar Associations for pro bono attorneys.
Some law schools also offer pro bono advice, as do Senior Centers which have arrangements with attorneys to provide limited free advice on various matters.
2. Prepare a list of relevant dates, events, charges and issues to provide to an attorney; it's a lot easier if that's available when you speak or meet.
3, Include in your list not only the facts, but witnesses and contact information, and those who may be aware of the situation. Attorneys can use this info for their investigators to research.
4. Don't discuss the situation with anyone except an attorney or LEO.
5. I can't offer any suggestions for protection as it turns not only on the incident but the charges, any witnesses, and duration since the incident (there may be a statute of limitations involved.)
I'm sorry to learn of this unpleasant situation, and hope that this limited advice offers some options.
GardenArtist has given you some very good advice.
You need to contact an attorney who has experience with malpractice claims. If you are lucky enough to have "Caregiver Companion Malpractice or Liability Insurance", then you need to contact that Insurance Company ASAP.
An attorney can assist you in contacting the police (if they were contacted) or the State Board of Nursing (if you are a Certified Home Health Aide, CNA, Medication Aide, LPN, or RN) and determine what type of charges (if any) are being filed against you by the client’s family.
Since you do not describe the “predicament”, it is difficult to give any sound advice other than to tell you that you need to talk to an attorney ASAP.
DO NOT DISCUSS your situation any further with this forum or any other similar forum or internet group as any information that you give can be considered as “public knowledge”; and the family’s attorney can and will use any information that you write on a public forum against you. DO NOT DISCUSS your situation with anyone else including your family or other caregivers. Talk only with your attorney about your situation.
Google “what to do if accused of caregiving malpractice” or “what to do if accused of malpractice” for further information.
https://www.americannursetoday.com/protecting-yourself-from-malpractice-claims/
If the State Board of Nursing or Department of Health and Human Services (or whatever department governs caregivers) gets involved, then expect to give a deposition about the situation. Your attorney must be with you when you give the deposition. DO NOT send any letters (of apology or otherwise) to the family or the client. DO NOT talk to the client any more or take care of the client.
I am sorry that we cannot help you any further, but this is NOT the place to discuss such a sensitive and private matter that could result in criminal or healthcare professional liability charges filed against you and affect your ability to work as a caregiver in the future.
Good Luck.
Because the OP stated on her profile that she is a “professional caregiver with about 20 years experience”, I am directly my comments towards what can happen to a professional caregiver, (ie. CNA, Med Aide, LPN, LVN, or RN). In professional caregiving/nursing, even simple "defamatory statements" (that do not involve the police or allegations of criminal assault) have resulted in the caregiver/nursing regulatory Board of Nursing or Department of Health & Human Services deciding to put a certified or professional caregiver's certification or license on probation, limit the caregiver's ability to work or dictate where the caregiver can or can not work, or even demand that the caregiver surrender their certification or professional license.
There is a HUGE difference between being a caregiver, such as a family member or friend taking care of a person, and a professional caregiver taking care of a client or patient; and the consequences of their actions.
Deeanna, your advice is good, especially as to the effect and possible ramifications in health care fields.