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Texas Agency Finds San Antonio Nursing Home At Fault For Patient Assau

Posted on Jan 25, 2010

Nursing home negligence takes many forms. While many understand that nursing home negligence may involve bedsores, malnutrition, or medication errors, some do not know that nursing home negligence could include any situation in which a patient is not kept reasonably safe. For example, the Texas Department of Aging and Disability found last week that a nursing home did not keep a patient safe from an assault from another patient.

Police say that last fall 77 year-old Janice Maier was attacked, choked, and beaten by a man when the nursing home caring for Maier left their back door unlocked. In October, Daniel Villareal allegedly entered Brookdale Living Center in San Antonio and assaulted to woman.

Maier’s family says that the nursing home staff did not check on patients after the door alarm sounded and also failed to lock the back door. The Texas Department of Aging and Disability agreed that Brookdale had been negligent.

The neglectful nursing home, which remains open after the assault, argues that the man was mentally ill and that the staff protected the rest of the residents from Villareal.

No employees were fired after the elderly woman’s nursing home assault and no policy changes were made at the Brookdale Living Center. Villareal has not yet been tried regarding his assault charges.

Nursing home neglect can take many forms. If the nursing home staff does not take reasonable steps to keep residents safe from threats, they could be responsible for your loved one’s injuries and other damages.