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

Nursing Home litigation in Illinois has increased significantly due to the absence of damages caps and the Nursing Home Care Act’s fee-shifting provision, which allows prevailing plaintiffs to recover attorneys’ fees and costs in addition to a jury award. In *Grauer v. Clare Oaks*, the First District Appellate Court held that courts are not required to use the lodestar method and may instead consider a contingency fee agreement when awarding fees, substantially increasing potential exposure for defendants.

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

The Nursing Home Care Act protects residents from inadequate treatment and allows recovery of attorney’s fees in minimal damage cases. However, this has led to extended litigation and discouraged early resolutions. The key question for nursing homes is: how can they manage fee-shifting risks? Explore strategies to reshape nursing home litigation and ensure fair outcomes for all.