• Posts by Susan A.  Wagener
    Attorney of Counsel
    | 312-205-7749

    Susan A. Wagener focuses her practice on the defense of medical malpractice, nursing home litigation, personal injury, and health care professional licensure cases. She is also experienced in insurance defense litigation. In ...

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| BLOG
Plaintiffs Take a Chance: The Development of Nonpattern Jury Instructions on the Loss of Chance Doctrine
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Tags: Jury Instructions, Loss of Chance, Nonpattern Jury Instructions, Proximate Cause

Analysis of Illinois appellate court decision reversing longstanding precedent on pattern jury instructions on proximate cause/loss of chance doctrine

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

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 and specifically states that “The licensee shall pay the actual damages and costs and attorney’s fees to a facility resident whose rights, as specified in Part 1 of Article II of this Act, are violated.” 210 ILCS 45/3-602. An ...

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