Childs v. Pinnacle Health Care 

Illinois Appellate Court
Civil Court
Medical Malpractice
Nursing Home Care Act
Citation
Case Number: 
No. 2-09-0648
Decision Date: 
Wednesday, March 17, 2010
District: 
2d Dist.
Division/County: 
Lake Co.
Holding: 
Reversed and remanded.
Justice: 
HUDSON
Suit filed for wrongful death and negligence against nursing home corporation and its director of nursing; trial court dismissed with prejudice counts against director of nursing, holding that these allegations were premised on Nursing Home Care Act, to which only licensees and owners of nursing homes can be held liable. Dismissal improper, as counts against director of nursing include allegations of negligent acts or omissions as to medical judgment, thus sounding in healing art malpractice and within realm of her professional nursing responsibilities, and they are independent of and not proscribed by Nursing Home Care Act.