Can You Sue a Nursing Home Without a Contract?

Can You Sue a Nursing Home Without a Contract?

It is always a serious matter if a nursing home resident is receiving improper care. In fact, it may be appropriate to bring legal action against the nursing home. However, can you still file a lawsuit against the nursing home if the resident does not have a contract with them? This is a complicated legal matter. This guide will go over the basics, but you should speak with a nursing home abuse lawyer, like a nursing home abuse lawyer in Houston, TX,  to learn more about the validity of your case specifically. Unique details and differences between states will change the circumstances of your case.

Not Having a Contract

If a resident of a nursing home does not have a contract, it does make the case more difficult. Typically, these types of lawsuits take the form of a breach of contract. The contract states what kind of care the resident will receive, and if the care actually given falls short of that, then it is very easy to file a lawsuit. It is extremely uncommon for a nursing home to not have a contract with a resident. In fact, if a nursing home does not want to enter into a contract upon moving in, that is a good reason not to choose that nursing home.

Filing a Lawsuit

If the damage is already done and no contract was ever signed, you may still have a case. For severe cases where the nursing home committed actual crimes, the lack of a contract cannot protect the nursing home in any way.

Outside of these extreme cases, things can be a little more complicated. It must be shown that the nursing home failed to fulfill its duty. A contract would clearly state what the nursing home’s duty is, but even without one it is possible to establish duty. After all, lawsuits are brought against people every day without contracts. These cases revolve around establishing what a reasonable person would consider is the nursing home’s duty. Then you can prove that this duty was not met. It is more difficult, but it is absolutely possible.

Because of the difficulty of these cases, it is important to have an attorney you can trust. Never try to file a lawsuit on your own, especially against a nursing home. Nursing homes often employ attorneys for protection against exactly these kinds of situations. Your chances of winning your case are greatly diminished if you do not have a trained legal professional representing you. 

Thanks to John K. Zaid & Associates for their insight into suing a nursing home without a contract.