I ll discuss some of the salient issues that defense and plaintiff have to deal with in this situation. These are discussed below. No patient expects that other patients will be allowed to assault him in the hospital. This common sense expectation is actually provided for in the U.S. Constitution. Respondent has constitutionally protected liberty interests under the Due Process Clause of the Fourteenth Amendment to reasonably safe conditions of confinement.
Patients have a constitutional basis for their everyday expectation of safety.
The Reasonably Safe Conditions duty shows up two ways. First, patients and caregivers enter into contracts that entail this duty. On their side, caregivers agree to treat patients, in return for patients agreement to follow instructions and pay their bills. In turn, patients who are competent, agree to pay, and to do what they are told to do. Second, caregivers actually create mental and physical impairments in patients.