New Court Decision Allows Nursing Home Negligence Action To Proceed Against Facility Administrator
Childs v. Pinnacle Health Care, LLC is a wrongful death and nursing home negligence case that was filed against Pinnacle Health Care, the nursing home corporation, and Carolyn English, its director of nursing. Pinnacle Health Care, LLC is a nursing home located in Waukegan, IL. The trial court dismissed with prejudice the three counts against the director of nursing because the allegations were limited to her role as the director of nursing and were premised on the Nursing Home Care Act (210 ILCS 45), which provides that only licensees and owners of nursing homes can be held liable under the Nursing...
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A Legal Victory For Nursing Home Residents. State Laws Can Supersede Federal Arbitration Act
Some court decisions leave lots of room for future generations of law school classes to debate the subtleties of the Judge's wording. Yet, other times the the court's action--without rendering an opinion-- can have equally powerful results. What could I possibly be inarticulately blabbering about? June 1st marked the deadline by which the U.S. Supreme Court could grant review of an Illinois Appellate Court decision nullifying nursing home arbitration arbitration agreements. Instead, the court decided to leave the Appellate decision untouched-- in essence giving its stamp of approval to a holding striking an appellate court decision that invalidated mandatory...
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The Loss Of Nursing Home Patients' Rights: New Illinois Appellate Court Decision Upholds Arbitration Clause In Negligence Cases
A recent Illinois Appellate Court decision may prove to be a major roadblock for injured nursing home residents who wish to pursue their case against the facility in court. In Fosler v. Midwest Care Center II, Inc., the Illinois Appellate Court upheld the validity of mandatory arbitration clause signed by an injured nursing home resident's daughter at the time of her admission-- specifically saying that the Federal Arbitration Act (FAA) trumps the Illinois Nursing Home Care Act. This is a dramatic shift in the way Illinois Court's have interpreted Illinois law. Previously, it was widely held in Illinois that arbitration...
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