The Illinois Appellate Court held that an Evanston long-term care facility would have to face a wrongful death trial in court rather than by arbitration. The panel ruled that the facility’s arbitration agreement was optional and therefore unenforceable. One of the appellate court justices concurred, writing that such agreements are…
The decedent administrator sued Oakbrook Healthcare Centre, alleging negligence while the decedent resided in the skilled nursing facility. Oakbrook moved to compel mediation or arbitration with respect to the counts against it, relying on the arbitration provision within the contract signed by the decedent’s daughter and the nursing home. The…
The Illinois Appellate Court for the First District ruled that Nancy Clanton, as administrator of her mother Laurel Jansen’s estate, does not have to arbitrate Survival Act and Nursing Home Care Act claims against Oakbrook Healthcare Centre. Clanton’s sister, Debbie Kotalik, used her authority under a power of attorney to…
The Illinois 4th District Appellate Court affirmed the decision of an Adams County Circuit Court judge. In December 2018, Mark Mason signed numerous documents allowing his mother, Doris Mason, to be admitted to St. Vincent’s Home Inc., a nursing home, including an admissions agreement. The agreement included an arbitration clause…
Jennifer Andrules, a disabled person, was taken to Adventus Bolingbrook Hospital for medical evaluation on May 16, 2014. While at the hospital, she fell and fractured her right leg, which required surgery. She was then discharged from Adventus to Lakewood Nursing & Rehabilitation Center, but on June 3, 2014, she…
A Chicago federal judge sent a lawsuit against the nursing home, Petersen Health Care, back to the state court after the defendant failed to persuade the judge that it had acted at the direction of the federal government to prevent the spread of COVID-19. Anita Martin, who was a resident…
Clementine Leonard was a resident of Symphony Jackson Square LLC, which is a long-term care nursing facility. The facility is governed by the Illinois Nursing Home Care Act. She was a resident from Feb. 27, 2016 through June 10, 2016. Symphony was managed and operated by Maestro Consulting Services LLC.…
The Illinois Appellate Court for the 1st District reversed and remanded a part the Second Amended Complaint that alleged violations of the Illinois Nursing Home Care Act and common law negligence. The trial judge denied the defendants’ motion to compel arbitration, ruling that the plaintiff denied the existence of a…
The Illinois Appellate Court for the 1st District reversed and remanded a decision from a Cook County dismissal order. Barbara Mickiewicz suffered from dementia and was a resident of the Glenbridge Nursing & Rehabilitation Centre Ltd. in northwest suburban Niles from April 2013 until Feb. 17, 2016. Although she was…
The Illinois Appellate Court reversed an order that dismissed the complaint of Itadil Zayed that was filed against Clark Manor Convalescent Center by the independent administrator of the estate of Said Mohammad Zayed. Said Zayed was a resident of Clark Manor and was disabled due to dementia. He fell out…