Illinois Appellate Court Partially Reverses and Remands Case Alleging Violations of Illinois Nursing Home Care Act

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.

Herns v. Symphony Jackson Square, LLC, et al., 2021 IL App (1st) 201064 (April 16, 2021).

Kreisman Law Offices has been handling nursing home negligence lawsuits, nursing home abuse cases and wrongful death cases for individuals, families and loved ones who have been harmed, injured or died as a result of the carelessness or negligence of a medical provider for more than 45 years in and around Chicago, Cook County and its surrounding areas, including Northfield, New Lenox, Long Grove, Arlington Heights, Orland Park, Hoffman Estates, Prospect Heights, Blue Island, South Holland, Worth, Alsip, Country Club Hills, Chicago (Rogers Park, Albany Park, Andersonville, Wrigleyville, Hyde Park, Pullman, Pilsen, Lincoln Square, Lakeview), Waukegan, Joliet, Romeoville, Mundelein and Palatine, Ill.

Robert D. Kreisman has been an active member of the Illinois and Missouri bars since 1976.

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