In a recent lawsuit brought by the family of a deceased resident against an RCFE, the trial judge permitted the community's brochure to be introduced into evidence by the plaintiffs to demonstrate that the community had made promises that were not consistent with the services it delivered. The jury was allowed to consider representations made in marketing materials and to view those representations as contractual promises even though the admission agreement did not contain such representations. In effect, the judge's ruling made the brochure a part of the contract between the resident and the RCFE.

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