In The Courts: Administrator Not Bound to Arbitrate Wrongful-Death Claim
January 4, 2013 | Aging Services Risk, Quality, & Safety Guidance
Whether a long-term care facility must adhere to an arbitration agreement may depend on the legal nature of the claims asserted against it. In a lawsuit brought to recover economic damages for a resident's wrongful death as well as damages for personal injuries the resident sustained, the Supreme Court of Illinois affirmed in part and reversed in part an appellate court's decision denying a nursing home's motion to compel arbitration, remanding the case to the trial court for further proceedings.
The resident stayed at the nursing home for two months in 2005 and again for a few weeks in 2006. The special administrator of the resident's estate sued on two counts. The plaintiff alleged in her survival claim that the resident sustained personal injury due to the nursing home's violation of the state...