Location: Montgomery County, Pennsylvania
Plaintiff: A Pennsylvania man
Defendant: A nursing home
Alleged Injuries: Negligence per se for Violations of Neglect of Care-Dependent Person and Violations of the Pennsylvania Older Adults Protective Services Act after a nursing home resident’s roommate beat him to death. His death was deemed a homicide.
The plaintiff was being screamed at by his male roommate one evening during dinner service. A nurse came in, calmed the plaintiff’s roommate down, then left the two men alone again. Moments later, a commotion was heard. When the staff re-entered the room, they found the plaintiff on the floor, being repeatedly beaten by his roommate. The plaintiff died from his injuries. His roommate was deemed incompetent to stand trial and was committed to a state hospital.
The plaintiff was dependent upon the nursing home and its staff for all of his daily care and personal needs. The defendants failed to evaluate residents to determine if they were appropriately placed in the facility and failed to transfer the roommate, who should not have been a resident there. The defendant deprived the plaintiff of adequate care and safety, resulting in his death.