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Loren, Attorney
Category: Business Law
Satisfied Customers: 34421
Experience:  30 years experience representing clients .
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I own a home care Agency where we send out Companions' and

Customer Question

I own a home care Agency where we send out Companions' and home health aides to look after old people. I am running into situations where the family wants my employees to give their parents their pills. My understanding of the law is that we cannot do this without huge liability. My question to you is there an agreement (Agency's Indemnification) that I can do between my company and the family that gives us the authorization to give the pills to the parents.
Submitted: 1 year ago.
Category: Business Law
Expert:  Loren replied 1 year ago.
I do not know that an indemnification or release will actually protect you if there is actual negligence by your employee in assisting with medication.
All you can do is clearly delineate to your clients and employees that they can assist a client with self administered medication but, under no circumstance, are the care workers to measure a dose or administer the medication. Someone will need to leave the medication with written instructions for assisting the client and what time. However, you can not ask the client to indemnify your own employee's negligence.
Expert:  Loren replied 1 year ago.
You will however want an agreement allowing your worker to be able to ASSIST the client with self-administered medication and have the family member write out instructions and sign them.
Expert:  Loren replied 1 year ago.
Better yet, have their doctor write out the instruction for self administered medication and make sure your employee diaries the assistance they give.