Nursing home employees could be sued – despite contract

The family of a patient who died in a nursing home could sue the nurses who took care of her – even though the patient’s contract with the home said that the home couldn’t be sued and any complaints had to go to arbitration instead.

The family claimed that three nurses ignored warning signs of the patient’s heart problem, and she died as a result.

The contract said that the family couldn’t sue the home. However, it did not say that the family couldn’t sue the nurses individually, and therefore the suit against them is okay, the Massachusetts Superior Court decided.