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 Illinois Nursing Home Care Act is important to all practitioners.
The Nursing Home Act provides that “the licensee shall pay the actual damages and costs and attorney’s fees to a facility resident whose rights” under the Act are violated. 210 ILCS ...
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 ...
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 were violated could recover “3 times the actual damages . . . and costs and attorney’s fees.” 210 ILCS 45/3-602. That rather draconian remedy was subsequently challenged as being unconstitutional but was ...
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 nursing home is operated by a corporate entity or limited liability company. Stone Street Partners, LLC v. The City of Chicago Dept. of Admin. Hearings, 2014 IL App (1st) 123654. Before the ...
Under certain circumstances, Missouri nursing homes may discharge or transfer a resident even when the resident does not agree to the discharge/transfer (an “involuntary discharge/transfer”). If the resident appeals the discharge/transfer, Missouri law requires that an attorney represent the nursing home during the hearing/appeal process if the nursing home is operated by a corporate entity. 19 CSR 30-82.050(12). Before the hearing, however, the nursing home must follow specific rules to facilitate the resident’s discharge/transfer.
