SmithAmundsen Health Care Alert: Nursing Home Faces Tough Legal Battle Over Patient's Racial Preference
On July 20, 2010, the U.S. Court of Appeals for the Seventh Circuit held that an Indiana based nursing home violated Title VII of the 1964 Civil Rights Act when it instructed a black nursing assistant (a CNA) to refrain from treating a white patient, honor
|
Health Care Alert: Recent Ruling by the Illinois Supreme Court Authorizing Arbitration Clauses in Resident Contracts
This article provides an update on the recent ruling by the Illinois Supreme Court authorizing arbitration clauses in resident contracts utilized in long-term care facilities and other provider facilities to reduce personal injury liability and possibly th
|
Medical Malpractice Caps Ruled Unconstitutional by Illinois Supreme Court
In a written opinion issued this morning in Lebron v. Gottlieb Memorial Hospital, the Illinois Supreme Court struck down the statutory medical malpractice caps on noneconomic damages on grounds that they were unconstitutional and violated the separation of
|
Final Decision on Constitutionality of Illinois’ 2005 Tort Reform Legislation Expected December 17, 2009
Healthcare providers across Illinois and the nation have been waiting for the Illinois Supreme Court’s ruling in the LeBron v. Gottlieb Memorial Hospital case. On Thursday, December 17, 2009, the Court is expected to issue its opinion on the constitutional
|
Drug Manufacturer’s Claim of False Advertising by Competitor is “Unripe” for Decision
On October 29, 2009, the 7th Circuit issued its decision in Schering-Plough Healthcare Products Inc. v. Schwartz Pharma, Inc. (Docket Nos. 09-1438, 09-1462, 09-1601), holding that a drug manufacturer “jumped the gun” by filing it false advertising claim ag
|