Another Bill To Try to Cap Damages in Nursing Home Cases...

Yet another bill has been introduced to try to cap non-economic and punitive damages when nursing home residents and their families attempt to hold nursing homes accountable for abuse and neglect. Read the full article here. The article reiterates what the Centers for Medicare and Medicaid has found in the quality of care in this nation's nursing homes and summarizes the outrage that should be present over such a bill:

Clearly, there are some serious deficiencies in the quality of care offered by some of our nursing homes that need to be addressed. Why, then, would we want to severely limit one of the only means of recourse for families who find that their loved ones have been neglected and/or abused? That's what this legislation would do. It would make it harder for nursing homes to be held accountable for abuse or neglect.

The only means to make a nursing home accountable is to make them pay for their mistakes so that, in the future, maybe they won't make the same mistake twice if they know it will continually cost them. It is the only incentive to ensure your loved ones are properly cared for--every day. Without the threat of punitive damages, in particular, nursing home management will calculate the risk of reducing staff to lower levels, keeping records and doctor's orders with less caution and having an attitude of "this is just a business" even more. Make sure such bills do not become law. Call your State Representatives to oppose any such measures. Anything else will only contribute to the notion that the value of the lives of the elderly--and others who must live in nursing homes--are worthless. In this great country, we simply cannot allow that to happen. 

Solicitation of Orders Outside the State of Illinois Covered by the IL Sales Rep Act...

At least one Court has interpreted the Illinois Sale Representative Act (the "Act") to hold that solicitation of orders occurring outside the State of Illinois after 1990 is covered by the Act. See Circuit Systems, Inc. v. Mescalero Sales, Inc., 925 F.Supp. 546, 549 (N.D. Ill. 1996). That is, so long as the constitutional minimum contacts test is satisfied, such "foreign" orders shall fall under the protection of the Act. See id.

If you meet the definition of a "sales representative" (as discussed in prior postings--but must be discussed with us for an appropriate legal opinion as to whether you meet such definition) and are due commissions, contact us immediately to determine if we can assist you in collecting any unpaid commissions and enforcing the Act so as to recover any attorneys' fees and potential punitive damages. Read our newest press release for a general overview of the Act here: http://www.prlog.org/10207231-unpaid-sales-commissions-in-illinois-may-warrant-punitive-damages.html or see our prior postings under "Illinois Sales Representative Act" here.

Man Charged with Abusing Nursing Home Residents...

 A man has been charged with abusing nursing home residents. Three patients were videotaped on the abuser's cell phone and had been seen by several witnesses before they were erased. Read the full article here. The saddest part of this situation is that most residents are not in a condition to even report such abuse due to dementia and other similar situations. In fact, it took the wife of one resident to complain to police and according to a court affidavit:

the elderly male victim repeatedly complained that Pearl stripped off his clothes and touched him inappropriately, spit in his face and threatened to hurt him

The victim has trouble sleeping now and can't even calm down. Nursing home residents are guaranteed certain rights in their care but family members must monitor the care and condition of their loved ones to assist in preventing these situations. If you believe a loved one has been abused or neglected, contact us immediately to protect their rights.