Switch to ADA Accessible Theme
Close Menu
Tampa Criminal Defense Lawyer
FREE Consultations Available
813-217-5715
TAMPA
Tampa Criminal Defense Lawyers > Blog > Personal Injury > Nursing Home Sued After Rape And Murder Of Resident

Nursing Home Sued After Rape And Murder Of Resident

LegalPI

The family of a woman who was raped and murdered at her nursing home has filed a wrongful death lawsuit against the facility and related companies responsible for it. They claim that when staff entered her room, they found a man on top of her. The man had a pillow over her face. She died as a result of the attack. The family blames the nursing home for negligence.

Indeed, the nursing home had a terrible track record when it came to the safety and care of their residents. In one case, a man was left with an IV in his vein for over a week. He later died of septic shock. Authorities say that drug abuse at the facility was rampant and that they fielded dozens of criminal complaints about the facility in the past.

This lawsuit would not be filed on the grounds of medical malpractice, but rather on the grounds of negligent security. There is a second element to the lawsuit that alleges civil rights violations under the Nursing Home Reform Act of 1987.

Nursing home lawsuits 

Nursing home lawsuits are complicated by the fact that nursing homes are medical facilities that provide medical services to their residents. On the other hand, they also provide room and board to residents. So, nursing homes have to worry about medical malpractice, but they also incur all the same liabilities that a landlord would.

Landlords are responsible for the safety and security of their tenants. In the event that a landlord fails to provide safety features like locks on doors, they can be held liable for any attack that occurs on the property. In the event that something terrible happens on the property, the landlord would be on notice to remedy the situation.

In this case, several terrible things happened on the premises and extraordinarily little was done to remedy the situation. The plaintiffs will argue that the rape and murder were the inevitable consequence of chronic mismanagement and failure to render ordinary care. The other patient involved in the attack is facing charges of rape and murder. It is unclear whether or not the defendant will raise a defense on the grounds of dementia.

The plaintiffs will argue that the nursing home had a severe crime problem and that the nursing home failed to provide security, segregate patients with violent histories, or otherwise protect their residents from potential violence and trauma. Police were called to the facility on dozens of occasions bolstering the plaintiff’s allegations of negligence.

Lastly, because one of the elements of this case involves civil rights abuses against the elderly and infirmed, the defendants could end up paying attorney’s fees and more to the plaintiffs if the verdict goes in the plaintiff’s favor.

Talk to a Tampa Nursing Home Negligence Attorney Today 

The Matassini Law Firm files negligence lawsuits against Tampa-area nursing homes. If your loved one has been abused or died unnaturally due to abuse or neglect, call our Tampa personal injury lawyers today. We can help you hold the negligent parties accountable.

Source:

fox59.com/indiana-news/lawsuit-claims-rampant-problems-at-indy-nursing-facility-led-to-residents-rape-and-murder/

Facebook Twitter LinkedIn

The experience you need in your pursuit of justice

The greatest distinguishing feature among attorneys is their level of experience. Our firm has more than 60 years of legal experience, much of it spent in the courtroom at trial. As a result, our Tampa criminal defense lawyers rarely encounter an unfamiliar situation and can thoroughly answer your urgent questions. Our criminal defense practice features a board certified criminal trial lawyer and two former prosecutors with impressive knowledge of trial tactics and procedures.

The resources to provide quality representation for the length of your case

Whether your case involves a crime or injury, your attorney must be prepared to take the case all the way through trial to verdict. Many defense attorneys advance the cost of litigation, so they can only last so long before financial pressures start to mount. As a client, you have to wonder whether an attorney's advice to settle your case reflects the quality of the offer or their need to get paid. Fortunately, The Matassini Law Firm has the resources to pursue civil verdicts and settlements that reflect the actual value of your case.

Call our Tampa Bay criminal attorneys for a free consultation

A crisis in your life calls for capable and compassionate assistance. The Matassini Law Firm, P.A. addresses your needs all the way through the legal process. For your free initial confidential conference with one of our Tampa criminal defense attorneys, call us today at 813-217-5715 or contact us online.

Share This Page:
Facebook Twitter LinkedIn
888-377-0011
Toll Free
813-217-5715
Tampa
2811 W. Kennedy Blvd., Tampa, Florida 33609
GET DRIVING DIRECTIONS
+