Professional Negligence Law Reporter

Nursing Home

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Failure to prevent third party’s access to secure unit

November/December 2020

Doe, 87, lived on the dementia unit of a nursing home. Roe, a person with no ties to the home, frequently visited the facility and socialized with its residents. One day, a nursing assistant came to Doe’s room and found Roe in her bed and Doe disrobed. Doe was taken to a local hospital, where an examination revealed she had been sexually assaulted. Doe now suffers from PTSD, fear of men, sexualized behavior, and hallucinations.

Doe sued the nursing home, its corporate owner, the facility’s administrator, and others, alleging negligence. The plaintiff asserted that the defendants had wrongfully allowed a third party free access to a secured dementia facility, provided access codes to visitors, and failed to require visitors to sign in.

The parties settled for $1.15 million.

Citation: Doe v. Roe Nursing Home, Undisclosed Dkt. No. (Mass. Confidential Dkt. No. May 1, 2020).

Plaintiff counsel: Paul L. Tetzel, Boston.