Home Nursing home Ill. Court denies arbitration in nursing home death lawsuit

Ill. Court denies arbitration in nursing home death lawsuit

By Lauraann Wood (July 18, 2022, 8:31 p.m. EDT) — An Illinois nursing home is facing negligence claims and other allegations regarding the death of a resident in 2019 in court because The settlement’s arbitration agreement became unenforceable immediately after the death, a state appeals panel said.

Oakbrook Healthcare Center Ltd. cannot arbitrate Nancy Clanton’s claims regarding the death of her mother, Laurel Jansen, because the facility’s contract with Jansen contained language expressly terminating their agreement either on seven days’ notice or immediately upon the death of the resident , a three-judge appeals panel said Friday.

“While we cannot know why the drafters inserted such a broad termination clause, defendants cannot avoid the effect of…

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