Breach of Nursing Home Contracts
A nursing home facility or other long-term care facility can be sued for failing to honor the terms of the contract you signed when initially enlisting their services. Usually, a nursing home will enter into a contract with a resident, in which it sets out what services it will provide, and the cost of those services. These contracts are often drafted by the nursing home or its attorneys in a manner that is more favorable to the nursing home.
Many nursing home contracts do not establish a strict standard by which the nursing home is to live by in caring for that resident. In addition, the contract usually will not provide that the nursing home must pay the attorneys’ fees of the resident or their relative who wins a lawsuit based on a dispute stemming from that contract.
If the conduct of the nursing home or its employees is contrary to promises made in the contract regarding the care of residents, the nursing home can be sued under a breach of contract theory. Many contracts require only that the home provide such services as are “reasonably necessary” for the resident’s well-being, but even under this standard, a nursing home can be found negligent if it failed to meet the basic needs of a resident.
A suit may be dismissed if it is not file within a specific amount of time after the wrongful conduct occurred. Consult with one of our attorneys today to discuss your case.