![]() Like any contract, it’s important to review the terms and conditions that the nursing home has before signing on. This notice must be provided at the time of admission and whenever the resident’s rights are violated. A notice of the resident’s rights and a copy of the California Department of Aging’s Long-Term Care Ombudsman Program’s phone number to each resident.Description of the nursing home’s grievance procedure and the resident’s right to file complaints.The nursing home’s policies regarding payment, discharge, and transfers.The resident’s rights and responsibilities.The services that the nursing home will provide.Section 1599.1 of the California Health and Safety Code, otherwise known as the “ Patients’ Bill of Rights”, lays out exactly what a nursing home has to provide to each resident: There are a number of ways to do this, but in the context of nursing home abuse, California law makes it clear that every nursing home has to provide certain terms and conditions to its residents upon admission into the facility. The first step in any breach of contract claim is establishing that a contract exists. California Nursing Home Residents and Contracts Contact us today to find out more about how we can help. ![]() No nursing home resident in California should have to suffer abuse. We can provide you with legal guidance and support that fits your loved one’s particular case, including a breach of contract claim against their nursing home. Guidance and Support From California Nursing Home Abuse LawyersĪt Maison Law, we have the skills and experience necessary to help you or any other nursing home resident in California hold a nursing home accountable. This burden requires numerous steps and sufficient evidence to convince a California court that the nursing home breached its contract in its mistreatment of your loved one. To prove a breach of contract, your loved one must show that the nursing home’s breach of contract was a direct cause of the harm they suffered. Failure to do this–on either end of the agreement–can result in a breach of contract. For the nursing home, this means providing adequate care and maintaining a safe environment free of abuse or neglect. For the resident, this means following any rules the facility has and making payments. Once a contract is established, both sides have to abide by the terms of the agreement. ![]() However, it can also be an implied (unwritten) contract based on the actions and interactions between the nursing home and the resident. This contract is usually written, and represented as an agreement between the nursing home and your elderly loved one. Legally speaking, nursing home residents in California enter into a contract with the nursing home itself once they are admitted to the facility.
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