Many individuals who are in accidents often ask me whether the jury will hear that the defendant received a ticket in relation to the accident. They would love for the jury to hear that! They are often surprised to hear me say "absolutely not." In fact, I tell them that the Judge--prior to the trial even beginning--makes decisions on whether such issues will ever be heard by the jury. These decisions by the Judge are Read More
Find poor performing Medicare and Medicaid Nursing Homes
The Centers for Medicare and Medicaid Services ("CMS") provides extremely useful information about Medicare and Medicaid nursing home providers with links to applicable laws, regulations and compliance information. You can view the main site here: www.cms.hhs.gov/CertificationandComplianc/12_NHs.asp. Most importantly, however, CMS provides a list of what is known as "special focus facilities" or a list of nursing Read More
Campaign to Reduce Pressure Sores
In its third year, "Advancing Excellence in America's Nursing Homes" is a coalition-based campaign to improve the quality of life for residents and staff in nursing homes. Goal #1 is to reduce pressure ulcers. See if your local nursing home is a participant in the campaign here: http://www.nhqualitycampaign.org/star_index.aspx?controls=welcome. Read More
Interference with a relationship or contract?
If someone or another business attempts to interfere with a relationship that you are entering into with another business or customer, or in fact diverts that relationship, you or your business may have a claim against that individual or business for intentional interference with a business expectancy--or interference with "prospective economic advantage." In general, 4 elements must exist to prove this tort: (1) a Read More
Information on Illinois Nursing Homes
Extensive information on Illinois nursing homes such as: Who regulates nursing homes; A list of Illinois nursing homes; How to select a nursing home; and Reports on nursing home violations can be found at the Illinois Department of Public Health's web site here:http://www.idph.state.il.us/webapp/LTCApp/ltc.jsp. When making a decision on where to send a loved one, it may be prudent to peruse this site for Read More
Sales Rep? Commission Due?
There is a little known law in Illinois called the "Illinois Sales Representative Act" which states that a "principal" who fails to timely make commission payments to a "sales represenative" is liable in a civil action for "exemplary damages" not exceeding 3 times the amount of the commissions owed to the sales representative and states that the principal "shall pay the sales representative's reasonable attorney's Read More
Attorneys’ Fees & Costs Under the IL Sales Rep Act
At least one Illinois Court has interpreted the mandatory award of attorneys' fees and costs in the event a principal fails to timely pay commissions due a sales rep. That Court found that the award of attorneys' fees and costs was not punitive in nature but was "compensatory." See Maher and Assoc., Inc. v. Quality Cabinets, 267 Ill.App.3d 69, 640 N.E.2d 1000 (2nd Dist. 1994). Therefore, principals beware--not only Read More
Medication Orders – Residents’ Rights
The Illinois Nursing Home Care Act affords residents many rights. In particular, Residents have a right to have administered all medication and treatment as ordered by their physicians. In fact, the facility--through its director of nursing or charge nurse--must examine all new orders within 24 hours of their issuance to assure facility compliance. View the official rule here: www.ilga.gov/legislation/ilcs/ilcs4.asp Read More
New Law – Mandatory Insurance for Nursing Homes?
In February 2008, a new bill was introduced in Illinois which would amend the Nursing Home Care Act to insist that a nursing home carry liability insurance coverage in an amount not less than $1,000,000 per occurrence. The law would require the Illinois Department of Public Health to deny, suspend, revoke, or refuse to renew a license for failure to maintain such insurance coverage and would provide for public Read More
