Breach of Contract Claim for Poor Care in Nursing Home
A.Breach of Contract
In addition to the claims that stem from negligence there is also a potential Breach of Contract claim which basically would allege that:
· Nursing home’s Admission Agreement represented that the nursing home would “provide basic room and board, general nursing care, social services, dietary services, and activities as required by law," which was a substantial and important part of the contract between nursing home and resident.
· The nursing home failed to perform general nursing care according to federal and state laws and regulations, as stated in the nursing home’s Admission Agreement, nor according to professional standards of care in the nursing home industry.
· Nursing home did not perform the care and services according to the agreement of the parties, breached the contract entered into by the resident and his/her family, and the nursing home is responsible for all damages that flow from such breach.