In 2014 the case of Mary Slepicka was contested wherein it was claimed in the lawsuit that Holy Family Villa Nursing Facility incorrectly billed her during her stay. The key issue in the appeal was venue. The court in 2014 ruled that she was wrong to file her case in…
Articles Posted in Illinois Nursing Home Care Act
$10.2 Million Jury Verdict for the Death of a 15-Year-Old Boy at a Residential Care Facility
A 15-year-old boy, Kevin Barr, who had cerebral palsy and seizure disorder, lived at a residential care facility. Early one morning, staff at the home found Kevin unresponsive. Emergency personnel were called one hour later. However, Kevin died before the paramedics arrived at the scene. Kevin is survived by his…
Nursing Home Sued by Resident for Improper Administration of Medications
Edward Fiala and his wife were residents of Bickford Senior Living Group. He was confined to a wheelchair and suffered from a disorder that affected his motor control and cognition. The healthcare power of attorney was held by Fiala and his children. The nursing home staff from the beginning of…
New Illinois Law Will Allow Electronic Monitoring by a Resident in Their Nursing Home Room
A new Illinois law related to nursing homes went into effect on Jan. 1, 2016. The law states, “A resident shall be permitted to conduct authorized electronic monitoring of the resident’s room through the use of electronic monitoring devices placed in the room pursuant to this act,” Section 10(a). This…
Illinois Appellate Court Affirms Discovery Orders in Nursing Home Abuse Case and Vacates Order of Contempt
The Illinois Appellate Court for the First District has affirmed in part and vacated in part a decision of the Circuit Court of Cook County. In January 2011, Robert Holman was a resident at a long-term care facility in Chicago called the Renaissance at Midway. On or near Jan. 22,…
$38 Million Settlement for Whistleblower Actions Under the False Claims Act Against Operator of Skilled Nursing Facilities
The nursing home real estate trust investment company, Extended Care Real Estate Trust Investments, which operated 146 skilled nursing facilities in 11 states, was found to have over-billed Medicare and Medicaid, provided substandard and essentially worthless nursing care and put in place worthless rehabilitation therapy. Two private citizens, including the…
Appellate Court Agrees that Arbitration Agreement was Inapplicable to Wrongful Death Claim of Resident’s Beneficiary
A Kentucky Appellate Court has held that an admission agreement’s arbitration clause signed by the resident’s son at the time of her nursing home admission did not apply to the son’s subsequent wrongful death lawsuit against the nursing home and its operators. John Cox III signed an agreement to admit…
Illinois Appellate Court Affirms Nursing Home Abuse Verdict Where Two Jury Instructions Were Given
Eleanor Groeller died, allegedly because of the nursing home negligence of Evergreen Healthcare Center where she was a resident. Her son, William M. Groeller Jr., who was administrator of her estate, filed a negligence complaint against Evergreen Healthcare. The trial was held in the Circuit Court of Cook County wherein…
Nursing Home Resident Not Protected Under the Illinois Nursing Home Care Act and Federal Law to be Readmitted to Nursing Home After Hospital Stay
In an odd but troubling state of the law, the Illinois Appellate Court uncovered a hole in the Illinois Nursing Home Care Act protecting nursing home residents. In this case, Marvin Gruby was a resident of Manorcare Health and Rehabilitation Services. He was given notice that the nursing home wanted…
Home Health Care Agency Responsible for Injury to Home-Based Patient’s Injuries
Cynthia Jaurdon-Simmons underwent neck surgery and was referred to Southern Nursing Home Health for her home-based daily wound care and weekly assessments of her viral infection. About two months into her care, Southern Nursing Home Health stopped providing services to Jaurdon-Simmons, but the staff did not advise her of this…