Abel was a patient at Bates health care center (BHC). He suffered from Alzheimer’s disease which causes memory loss and confusion over the course of 3 years at BHC

Abel was a patient at Bates health care center (BHC). He suffered from Alzheimer’s disease which causes memory loss and confusion over the course of 3 years at BHC, able was often combative, agitated, and aggressive and would hit staff members when they tried to care for him. Crosby and another certified nursing assistant, Davis, we’re putting able and other residents to bed. Able became “very agitated and combative”. By Crosby’s account: [Davis] Was helping me put Mr. Abel to bed. She was holding his wrist to keep him from hitting us and I was trying to get his legs to put him to bed. He was hitting and kicking wildly. During this time he kicked me several times in my left knee in hip area. My lower back popped and I yelled out with pain from my lower back and left me. Crosby filed a civil negligence suit against Abel, seeking monetary damages for the injury she suffered as a result of Able’s conduct.

How might the policy arguments of negligence, the general duty of care, and mental incapacity as a defense be applied to this case?

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