Failure to follow adequate warning leads to beating and rape at Kansas nursing home

Topeka based Indian Trails Mental Health Living Center is the subject of a $60M lawsuit for failure to recognize and properly restrain a man who had come to the home from the Larned State Hospital.

The man had a history with Indian Trails as he was dismissed from the home in 1990 after a one week stay due to threatening behavior. In addition, the records from the State Hospital that accompanied the man to Indian Trails warned of the threat he may pose to other residents. Despite the adequate warning, the man was set free to mingle with the other residents.

In June of 2004, the man threatened to rape or kill someone and in July 2004 the man raped and beat another resident. Staff members at the home confided to state officials that they suspected the man was having sex with other residents.

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