Statute of Limitations
- 2 years. (735 ILCS 5/13/-202)
- Medical malpractice - 2 years with Discovery Rule (claimant knew or reasonably should have known of the injury). If claimant is a minor under age eighteen, then SOL period is 8 years from date of act or omission, but no later than claimant’s twenty-second birthday. (735 ILCS §5/13-212)
Damages Cap
- None. No punitive damages in medical malpractice cases. (735 ILCS §5/2-115)
- Noneconomic damages cap in medical liability causes of action declared unconstitutional. LeBron v. Gottlieb Memorial Hospital, et al. (Cook Co: 06 L 12109, Nov. 13, 2007). Caps on damages in tort claims declared unconstitutional. Best v. Taylor Mach. Works, 179 Ill.2d 267 (1997).
Statute of Limitations
- 2 years from date of death, except for fraudulent concealment which is 5 years from date of claim. (740 ILCS §180/2)
Damages Cap
- None. No punitive damages in medical malpractice cases. (735 ILCS §5/2-115)
- Noneconomic damages cap in medical liability causes of action declared unconstitutional. LeBron v. Gottlieb Memorial Hospital, et al. (Cook Co: 06 L 12109, Nov. 13, 2007). Caps on damages in tort claims declared unconstitutional. Best v. Taylor Mach. Works, 179 Ill.2d 267 (1997).
- Nursing Home Care Act (210 ILCS 45)
- Elder Abuse and Neglect Act – (320 ILCS 20)
- Illinois Act on the Aging
It never ceases to amaze me how some nursing home operators would rather incur fines for continually providing inadequate care rather than make necessary changes. However, when the cost of the fines is not sufficient to improve patient care, I guess that some business manager is making a conscious business decision that it's easier (and cheaper) to continue with the game plan and pay the consequences--- when-- and if they get caught.
Case in point, Golden Moments Senior Care Center.
The Jacksonville, IL nursing home has agreed to pay $6,500 in fines to the state in relation to complaints connected to mistreatment of the elderly. For Golden Moments, this most recent fine is just the latest hiccup along the way to providing quality care. Among recent fines:
New information has come to light regarding the death of the 89-year-old woman who froze to death just a short distance from The Arbor, a Chicago-area nursing home. Perhaps the most disturbing aspect of this matter was a 'cover-up' of the death by nursing home staff that was quickly detected by local police. Quite obviously, the staff tried to cover up the woman's elopement and subsequent death from exposure to make it look like she died from natural causes.
Officers arrived at The Arbor to investigation a report of an 'unresponsive resident'. Staff at the Arbor told the officers the woman died while sleeping in her bed. Immediately officers became suspicious of the staffs' claim when they noticed the woman was covered in layers of blankets and was in a hospital gown as opposed to pajamas. Additionally, despite the fact that the woman was in a warm room, her body was cold to the touch.
21 Chicago Nursing Homes have received a 'one star' rating by the Centers for Medicare and Medicaid Services. The facilities were selected for this dubious honor according to objective criteria: results from annual inspections, level of staffing at the nursing home and performance of 10 key quality measures related to patient care. The poorly rated Chicago Nursing Homes also share other similarities in that they are all 'for-profit' facilities and all have been frequently named in lawsuits in Cook County, Illinois. Among the under-achievers:
- Child Injury Laws: Home Abuse: The Deaths Of 13 Children Linked To Poor Care At Chicago Nursing Home
In the days following a personal injury accident, many injured people receive an outpouring of calls and messages from friends, family and.... insurance adjusters. While it may be easy to give the insurance adjuster a return call while in the call returning mode, the fact remains that insurance adjusters are not your friends....
From a personal perspective, insurance adjusters and the investigators they commonly associate with may be good, fine people. However, as soon as a car accident, fall, or any other type of personal injury occurs, their interest is directly opposed to yours.
For the 11th time this year, Illinois Attorney General Lisa Madigan gathered 14 police officers and and state officials to conduct an unannounced sweep of an Illinois Nursing Home. The sweep was conducted to assure that the facility was complying with state and federal regulations.
This time, the nursing home sweep took place at Golden Moments Senior Care Center in Jacksonville, IL. During the three hours officials spent at Golden Moments they inspected the facility and review patient files.
Disclaimer:
While we endeavor to keep this website current, the information and laws published here are subject to change. This web site may not immediately reflect such changes, and should not be considered legal advice. Please consult a lawyer if you have a specific legal problem.
more information »About Jonathan Rosenfeld
Jonathan Rosenfeld is a lawyer who represents people injured in nursing homes and long-term care facilities. Jonathan has represented victims of nursing home abuse and neglect throughout Illinois and across the country. Jonathan’s reputation as an aggressive advocate for the …