Quality of care. A skilled nursing facility (SNF) resident's motion for reconsideration regarding alleged violations of Minnesota's consumer protection statues is denied, the resident failed to state a claim for which relief could be granted. The resident's case relied on statements that were too general and not specific enough to serve as the basis for a claim. The resident argued that the SNF's website and admission agreement were actionable misrepresentations and the SNF delivered substandard care. The resident did not point to any specific promise of care that the SNF failed to deliver on entirely and failed to plead an injury from alleged wrongful conduct. Further, the resident's claim of new evidence in the form of an affidavit that claimed the SNF did transfer residents in violation of state and federal laws and two investigative reports into resident transfers and discharges, was not new and should have been uncovered earlier.
Bernstein v. Extendicare Health Services, Inc., D. Minn., June 11, 2009.
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