Illinois Panel: Arbitration Properly Compelled In Nursing Home Negligence Suit

Mealey's (January 12, 2022, 3:43 PM EST) -- SPRINGFIELD, Ill. — An Illinois appellate court on Jan. 5 affirmed a circuit court’s order compelling arbitration for negligence and Illinois Nursing Home Care Act violation claims in a negligence and wrongful death suit filed by the representative of the estate of a former nursing home resident against a nursing home, finding that the arbitration clause was not procedurally and substantively unenforceable, the representative had the authority to arbitrate on the deceased’s behalf and the representative is “bound” to arbitrate claims brought pursuant to the Illinois Survival Act....

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