Breach of Contract
Nursing home residents are required to sign a contract during the admissions process. The admissions contract is a binding agreement between the resident and the facility. For example, the resident promises payment in exchange for reasonable and proper care. But in order to provide proper care the nursing home must abide by numerous state and federal regulations regarding resident treatment.
Nursing homes have no choice but to guarantee proper treatment as defined by federal law. For instance, federal law requires that facilities do not physically abuse or chemically restrain residents. It also guarantees that nursing home residents have a right to participate in their care and treatment plans, and that the facility notifies the patients before making any changes to that treatment plan. Most importantly, federal law mandates that nursing homes employ the necessary number of staff to comply with these guidelines.
A nursing home breaches its contractual obligation when its fails to provide services consistent with the standard of care required by law. In the context of nursing home abuse, a breach of contract claim permits reimbursement of fees that the resident paid to the nursing home. Unfortunately, most insurance policies do not cover breach of contract claims. Thus, the facility must have enough money to pay any damages awarded to the plaintiff.
If you suspect your loved one is the victim of nursing home abuse please contact us.
Nursing home negligence claims involve many complex legal and medical issues. Having the right attorney is essential to recovering what you deserve. Our Kansas City nursing home abuse law firm will do everything possible to assist you in obtaining the maximum compensation you deserve. More importantly, our Kansas City nursing home abuse law firm will serve as an ally that will give you and your family the respect and compassion it needs. Contact us for your free consultation today.