Articles Posted in Illinois Nursing Home Care Act

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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 financially motivated.

Cheryl Parker sued Symphony of Evanston Healthcare LLC and Maestro Consulting Services LLC, alleging violations of the Illinois Nursing Home Care Act and common-law negligence under the Survival Act and Wrongful Death Act.

Parker sued in the Circuit Court of Cook County on behalf of Mae Jefferson, a Symphony of Evanston resident. Jefferson designated her daughter Kathy as her agent in an Illinois statutory short form power of attorney for health care.

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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 trial court denied Oakbrook’s motion to compel arbitration, finding the arbitration provision substantively unconscionable. Oakbrook then appealed.

The First District Court of Appeals affirmed on other grounds. The arbitration provision was unenforceable because the contract unequivocally provided it would terminate “immediately upon the resident’s death.”

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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 sign a contract with Oakbrook Healthcare when their mother was admitted to its facility.

Section E of the contract called for arbitrating disputes and Section F said: “If the resident is compelled by a change in physical or mental health to leave the facility, this contract shall terminate on 7 days’ notice or immediately upon the resident’s death.”

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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 and a provision in the contract for services that the contract terminates automatically in the event of Doris’s death.

From December 2018 through October 2019, Doris resided at the nursing home. She suffered a fall, fracturing her left femur on Jan. 14, 2019. She also suffered burns to her right hip five times between Feb. 20 and May 7, 2019.

On Oct. 2, 2019, Doris passed away. Mark filed a lawsuit in December 2020 against the nursing home, WDM Health Services Inc., and three caretakers. Mark alleged violations of the Illinois Nursing Home Care Act, negligence and claims under the Illinois Wrongful Death Act.

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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 suffered another fall and fractured her right leg, again requiring additional surgery.

On May 2, 2016, Northern Trust, as special administrator of the Andrules’ estate, filed a complaint against Adventus for medical negligence. The director of nursing at Lakewood Nursing & Rehabilitation was deposed in 2018 regarding the second fall.

On Feb. 11, 2019, Linda Gavlin, as special administrator for the estate, filed suit against Adventus and Lakewood, alleging one count of medical negligence against each defendant.  Lakewood moved to dismiss, arguing the charges were untimely.

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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 of Illinois, sued the elder care company, Petersen Health Care, after the death of her mother, Marlene Hill. Hill lived in the Bloomington Rehabilitation & Healthcare Center, which was operated and run by Petersen Healthcare.

Hill unfortunately died on May 15, 2020 with “COVID-19” listed as a substantial contributing factor,”  the lawsuit stated.

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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.

On Feb. 7, 2019, Marilyn Herns, as the court-appointed guardian of Leonard’s estate, filed a lawsuit against Symphony Jackson Square, Maestro and Norwegian American Hospital Inc., which was not a party to this appeal.

The lawsuit alleged violations of the Illinois Nursing Home Care Act and negligent mistreatment that led to multiple pressure sores as well as an allegation of common law negligence brought against Maestro. The defendants moved to compel arbitration based on a healthcare arbitration agreement that Herns signed along with the admissions paperwork when Leonard was admitted, and to dismiss based on the two-year statute of limitations as for negligence.

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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 valid arbitration agreement and stating that she lacked authority to sign the agreement on behalf of the patient. Section 2(a) of the Uniform Arbitration Act contemplates a summary proceeding in which the court substantively disposes of the issues presented.

The appellate court order reversed and remanded the case with instructions to proceed summarily pursuant to Section 2(a), and to render disposition resolving the factual legal issues raised in determining at the trial level the validity of the nursing home’s agreement.

The court denied the defendants’ Section 2-619(a)(5) motion to dismiss on statute of limitations grounds finding that a question of fact existed as to whether the patient was under a legal disability, was not injunctive in nature and thus is not appealable under Rule 307.

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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 never adjudicated disabled, she was considered legally disabled because of her dementia. Mickiewicz suffered several falls while at the nursing home, including the final one on Jan. 27, 2016. After that fall, she was transferred to a hospital emergency room. About 4 months later, she died of complications related to her injury.

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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 of his bed and fractured his hip in March 2014, allegedly as a result of the nursing home’s negligence. Zayed died in September 2015 and the lawsuit was filed in July 2017.

Responding to Clark Manor’s motion to dismiss the complaint as too late under the two-year statute of limitations on a negligence claim, Itadil Zayed relied on Illinois Code of Civil Procedure Section 13-211, which says someone who is legally disabled, as was Zayed, when he is injured, is allowed two years to sue, running from the date the disability is removed and Section 13-209(a)(1).

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