Diversicare Gen. Partner, Inc. v. Rubio, 185 S.W.3d 842 (Tex. 2005)

Maria Rubio was a nursing home resident suffering from Alzheimer’s disease. While in the nursing home she was sexually assaulted by another resident. The suit followed alleging a failure to protect. Plaintiff alleged that the sexual assault was not a professional negligence claim that was time-barred since it was not filed within two years of the occurrence. The Court disagreed. Failure to provide adequate supervision and nursing services for a nursing home resident is a health care liability claim. “Judgments concerning health and medical care, including protection of patients, are made by health care professionals as part of the care and treatment of the patients admitted to their facilities,” and the supervision of the patient who was assaulted and the patient who assaulted her “are inseparable from the accepted standards of safety applicable to the nursing home.”

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