U.S. Supreme Court Declines to Overturn Rulings Allowing Wrongful Death Lawsuits Against Nursing Homes
Chicago, IL (Law Firm Newswire) June 13, 2013 – The U.S. Supreme Court declined to overturn two rulings allowing wrongful death lawsuits against nursing homes, including an Illinois case.
The Illinois case involves Joyce Gott, who died while under the care of Odin Healthcare Center, a residential nursing home in Odin, Illinois. Gott's daughter, Sue Carter, filed a wrongful death lawsuit against the nursing home. The nursing home argued that because Carter had signed an arbitration agreement on her mother's behalf, she should not be allowed to bring a wrongful death suit in court. The Illinois Supreme Court allowed the wrongful death lawsuit to proceed, and the U.S. Supreme Court has now declined to hear the case.
Both the plaintiff and her mother had signed an agreement with the nursing home stating that “all disputes against each other” where the amount in controversy is $200,000 or greater would be submitted to binding arbitration, including any disputes involving alleged personal injury or improper or inadequate care. When Carter filed a wrongful death and survival act lawsuit, Odin Healthcare moved to compel arbitration of both claims.
The Illinois Supreme Court rejected Carter’s argument that there was no mutuality of obligation in the arbitration agreement. It thus held arbitration must be compelled for claims for negligence or statutory violations that occurred while Gott was living. However, the court ruled that the wrongful death claim was not arbitrable. Because Carter signed the arbitration agreement only as her mother's legal representative, and not in her capacity as special representative on behalf of Gott’s next of kin, the court held that she was not a party to the arbitration agreement.
Briskman Briskman & Greenberg
351 West Hubbard Street, Ste 810
Chicago, IL 60654
Facebook: Like Us!
Google Places: Contact a Chicago personal injury lawyer from Briskman Briskman & Greenberg on Google Places!To learn more, contact a Chicago personal injury attorney or Chicago car accident lawyer at Briskman, Briskman & Greenberg by calling 312.222.0010 or visiting http://www.briskmanandbriskman.com.
- Pharmacy error causes woman to become comatose and suffer memory loss
A woman from Cook County, Chicago, filed a lawsuit against Walgreens, alleging that a pharmacist gave his recommendation that she take two incompatible drugs, which caused her to lapse into a coma, and experience memory loss. According to the Cook County Record, Madiline Hicks filed a lawsuit in Cook County Court. The lawsuit alleges personal ...
- Confusion over drug names leads to medication errors
According to the Food and Drug Administration (FDA), some physicians and pharmacists are experiencing some confusion over the similarity of the names of an antidepressant and a blood-thinning medication. Although the FDA claims it is unaware of anyone who consumed the wrong medication, the agency said it received 50 reports of medication errors, including instances ...
- OSHA investigates garbage hauler’s death in landfill accident
A man died after being crushed under the weight of an overturned garbage truck and its concrete debris at Winnebago Landfill in Rockford, Illinois. Gonzalo Trevino Sr., 54, worked as a hauler for a garbage company. Investigators said Trevino was unloading his truck when another dump truck accidentally emptied its contents on him. The load ...
- Illinois excavation company cited for endangering trench workers
The Occupational Safety and Health Administration (OSHA) cited an Elgin, Illinois, excavation company for allegedly failing to implement safety measures while employees were working in an underground trench. Kellenberger Plumbing & Underground was issued one willful and one serious citation for two safety violations on May 2. OSHA initiated an investigation into the company under ...