Nursing Home Sued After Rape And Murder Of Resident
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/
