Fiala v. Bickford Senior Living Group, LLC

Illinois Appellate Court
Civil Court
Nursing Home Care Act
Citation
Case Number: 
2015 IL App (2d) 150067
Decision Date: 
Thursday, November 19, 2015
District: 
2d Dist.
Division/County: 
Kane Co.
Holding: 
Reversed and remanded.
Justice: 
BIRKETT
Plaintiff, who had previously been a resident at a long-term-care facility for 10 months, filed action including medical-battery claims and civil-conspiracy claims. Plaintiff's medical chart indicated that use of Paxil was prohibited, but Plaintiff alleged that Defendant physician prescribed it and had staff administer Paxil to him. Medical-battery claim does not require Section 2-622 reviewing physician's affidavit and report. As Plaintiff has pled only intentional tort claims and not negligence-based claims, request for punitive damages is allowed. Plaintiff alleged that nursing care facility violated Nursing Home Care Act, which is the independent cause of action that underlies the conspiracy claim against Defendant required as basis for his claim of civil conspiracy. Plaintiff sufficiently alleged each element necessary to state claim of civil conspiracy. (McLAREN and JORGENSEN, concurring.)