this has been an ongoing situation, the facility has no answers, and will write up staff for reporting to family members about this resident. this resident continues to fight other clients, and staff and the facility refuse to move this resident to another place more suitable for his condition. All the clients are afraid of him, and when reported to family members by staff, the staff is immediately asked to come to Administration and threatened to be wrote up and fired. The Administrator went to school with the resident and everyone feels she want do anything because of the ties she has with him and his family.Can staff sue the company if hit by this resident?? Need urgent answers.
Several actions are possible based on the facts you've described. If the police are called to respond to an attack by the resident he could be arrested and have criminal assault charges filed against him. An intentional attack by a patient upon another patient would be an assault and battery which is actionable in civil court for damages. The facility has knowledge of the patient's condition and could also be sued as they have a duty under your resident contract and state law to provide a safe living facility and safeguard the safety of all residents. You can also contact HHS at either Region 6 headquarters in Dallas or Baltimore Headquarters as well as the Office of Civil Rights in Washington DC to file a complaint and have them launch an investigation. If you feel you are in imminent danger of serious bodily injury of physical harm, contact the police and secure local counsel. Above all, do not be silent. Tell your family and/or next of kin to alert them to the possible danger. Have them contact the ownership of the facility if they are owned by a corporation and alert them to the problem. If necessary, your family may need to move you to another facility.
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