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…
Colvin Towns was admitted to the Camden Nursing Facility in 2008. He suffered from many and various health conditions, including congestive heart failure, bowel and bladder issues, cognitive loss and diabetes. In 2016, he was sent to a hospital emergency department, where he was diagnosed with having nursing home-acquired pneumonia,…
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.…
Doe, 62, suffered from developmental delays and schizophrenia and lived at Roe Residential Care Facility. While Doe was there, he suffered a vicious beating from his roommate, resulting in a fractured left femur, four broken bones, a broken left clavicle and a collapsed lung. There were other injuries as well.…
Jane Holloway was an employee of Oakridge Convalescent Home on Feb. 7, 2011. She filed a charge of discrimination in violation of the Illinois Human Rights Act (775 ILCS 5/1-101 et seq.) against Oakridge Nursing & Rehab Center LLC (“Oakridge Center”) who was the employer and the managing company of…
A watchdog report released recently called for new focus on protecting nursing home patients. The report shows that nursing home facilities have regularly chosen not to report thousands of serious cases of potential neglect and abuse of seniors who receive their health care through Medicare even though it is a…
A Kentucky appellate court has held that a nursing home arbitration agreement without specific language allowing an attorney-in-fact to waive a resident’s right to a jury trial was enforceable because of a recent U.S. Supreme Court decision. In reversing the trial court’s denial of the defendant’s motion to compel arbitration,…
On March 1, 2013, Ann Sanders entered into a residence agreement with the defendant, Victory Centre of Melrose Park, SLF Inc., a licensed supportive living facility. Pursuant to an addendum to the residence agreement, the parties agreed that all claims arising out of that agreement, including those of malpractice, could…
Jovan Hinich was 28 years old and suffered from a neurological disorder that limited his mental capacity to that of a toddler. He lived at Next Step in Community Living facility, where his care plan required him to be supervised while eating and for his food to be cut into…
A Louisiana State Appellate Court has held that the automobile policy exclusion in a long-term care and general liability insurance policy applied to claims barred on behalf of a patient who fell from a van’s wheelchair lift. In this case, Shirley Ann Marzell, who was a patient at the Charlyn…