Hepler Broom, LLC

Category Archives: Nursing Homes

No “Costs” Uncovered: The Appellate Court’s Expansive Redefinition of “Costs”

November 12, 2019

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 […]

Fee Shifting Provision of Illinois Nursing Home Care Act: Insight into Appellate Court’s Potential Interpretations

July 18, 2019

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 […]

Shifting Attorney’s Fees Under Illinois’ Nursing Home Care Act: Another Form of Abuse

May 16, 2019

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 […]

Involuntary Discharges and Transfers in Illinois: A Guide for Nursing Homes in the Pre-Hearing Stage

April 22, 2019

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 […]