Diversicare General Partner, Inc. v. Rubio

I join in the Court’s holding that Rubio’s allegations based on the incidents of sexual assault constitute a “claimed departure from accepted standards of safety,” and are therefore barred by the MLIIA’s two-year statute of limitations. At 847. I do not, however, agree with the Court’s conclusion that Rubio has presented a cause of action for departures from accepted standards of health care. The principal allegation in Rubio’s complaint — that Diversicare failed to protect her from a known sexual predator — raises a premises liability claim which falls under the statute’s “safety” component.

I