Grauer v. Clare Oaks, et al, 2019 IL App (1st) 180835, is noteworthy to all counsel who regularly encounter fee-shifting statutes in their practice. Grauer was borne out of a verdict against a nursing home, but the court’s analysis as to the reasonableness of attorney’s fees and what constitutes “costs” in the context of the […]
This entry was posted in Nursing Homes and tagged Attorney Fee Shifting, Illinois Nursing Home Care Act on .
The Illinois Department of Financial and Professional Responsibility (IDFPR) is the state agency that oversees licensure and discipline of various health care practitioners, including physicians, nurses, and dentists, among others. The IDFPR is charged with overseeing enforcement of the various healthcare practice acts, and it typically investigates matters brought to its attention, primarily from patient […]
This entry was posted in Illinois Law, Professional Liability and tagged IDFPR, Illinois Department of Financial and Professional Responsibility on .
Nursing Home litigation has increased significantly in Illinois in recent years in large part due to the failure of Illinois to institute damages caps and eliminate attorney’s fees from their nursing home statute. Attorneys’ fees are recoverable under the Nursing Home Care Act. In fact, the Illinois Nursing Home Care Act provides for fee shifting […]
This entry was posted in Illinois Law, Nursing Homes and tagged Attorney Fee Shifting, Illinois Nursing Home Care Act on .
With what many have described as a historic Illinois legislative session having recently concluded, and with the focus having been on the budget, gaming, cannabis, and infrastructure, you’d be forgiven for thinking that there weren’t many significant changes to Illinois’ environmental laws. But you would be wrong. Several environmental bills of interest to the regulated […]
This entry was posted in Environmental Legislation, Illinois Law and tagged Air Permitting Notification, Coal Ash, Ethylene Oxide, Imminent Hazard on .
The question of what constitutes “apparent agency” in the context of alleged medical malpractice continues to be analyzed by the Illinois appellate courts. The issue was first addressed by the Illinois Supreme Court in the case of Gilbert v. Sycamore Municipal Hospital. 156 Ill.2d 511 (1993). In Gilbert, the Court set forth a multi-factor test […]
This entry was posted in Illinois Law, Medical Malpractice and tagged Apparent Agency on .
The Nursing Home Care Act (“Act”) was born of concerns about reports of inadequate or improper treatment of residents in such facilities and provided residents with a cause of action against those facilities. To encourage residents, residents’ families, and attorneys to bring claims against nursing homes, the Act originally provided that a resident whose rights […]
This entry was posted in Illinois Law, Nursing Homes and tagged Attorney Fees, Settlement Timing on .
Illinois law provides specific rules that nursing homes must follow when discharging or transferring a resident when the resident does not agree to the discharge/transfer (an “involuntary discharge/transfer”). 210 ILCS 45/3-401 et seq. If the resident requests a hearing on the discharge/transfer, an attorney must represent the nursing home during the hearing/appeal process if the […]
This entry was posted in Illinois Law, Nursing Homes and tagged Involuntary Discharge, Involuntary Transfer on .
Practitioners usually face cases where they reasonably expect the health of a party to remain the same throughout the pendency of a lawsuit. An important, and sometimes overlooked, aspect of a litigation strategy is the long-term health of a party, or a key witness, which is a significant factor when considering both discovery and trial […]
This entry was posted in Medical Malpractice and tagged Dead-Man’s Act, Death of Plaintiff, Illinois Survival Act, Illinois Wrongful Death Act, Survival Act, Wrongful Death Act on .
Are you considering retaining an expert, in a medical malpractice case, who has a history of medical malpractice suits being filed against him or her? Have you just deposed an expert in a medical malpractice case and learned that they have been previously sued for medical malpractice? In either situation, you will likely have to […]
This entry was posted in Illinois Law, Medical Malpractice and tagged Illinois Appellate Court on .
Environmental contamination lawsuits frequently involve polluting activities which took place decades ago – long before the advent of computers and before it was possible for businesses to store information in an electronic format. When these lawsuits arise and a claim is tendered to an insurance carrier for defense and indemnity, the parties often struggle to […]
This entry was posted in Environmental Law, Illinois Law, Insurance, Insurance Law and tagged Appellate Review, Defense and Indemnity on .
