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Violent history of patient at Kansas City MH center leads to lawsuit
Publication year - 2018
Publication title -
mental health weekly
Language(s) - English
Resource type - Journals
eISSN - 1556-7583
pISSN - 1058-1103
DOI - 10.1002/mhw.31659
Subject(s) - lawsuit , garcia , damages , law , medicine , medical emergency , political science , art , humanities
A man who was assaulted and seriously injured by another patient at a state mental health facility in Kansas City has filed a $10 million lawsuit, The Kansas City Star reported Oct. 29. The lawsuit, filed on behalf of Daniel Garcia, alleges that staff at the Center for Behavioral Medicine were aware of other physical attacks by the same man who attacked Garcia. Garcia was punched in the face on March 22, according to the suit. Among his injuries were fractured facial bones, injury to one eye and injuries to his jaws and teeth. Nathaniel Hughes, the patient who allegedly hit him, is facing a first‐degree assault charge, according to Jackson County Circuit Court records. The lawsuit documents three other violent incidents involving Hughes at the facility. The lawsuit alleges that Garcia had a constitutional right to be protected from resident‐on‐resident violence and that facility staff failed to take steps to protect him and other residents from Hughes' “dangerous and aggressive behavior.” The suit seeks $5 million in compensatory damages and $5 million in punitive damages, in addition to attorney's fees. A spokeswoman for the Missouri Department of Mental Health, which operates the facility, said Oct. 29 that the agency does not comment on pending litigation.

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