Appellant was a mentally retarded girl, who had been placed under a guardianship after a finding that she lacked capacity to exercise good judgment with regard to her person, assets and financial affairs. While at a private facility, Appellant had sex with two men. Initially she reported that she was raped, but later reported she […]

Resident was sexually assaulted in a mental health facility. Plaintiff brought an action alleging negligent hiring, gross negligence, sexual assault, sexual exploitation, and premises liability. No expert report was filed. Defendants argued the claims sounded in malpractice and moved to dismiss based on failure to file an expert report. Because the duty to protect the […]

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