Illinois Nursing Home Treble Damages

Illinois nursing home lawyers may be given treble damages back as a remedy against negligent nursing homes.  On March 12, 2008, HB5213 attempts to reinstate a provision that was removed from the Statute (Illinois Nursing Home Care Act) in 1995 that provides that a licensee shall pay treble damages (the greater of three times the actual amount of damages or $500.00)in addition to costs and attorneys fees when the rights of a residence are violated.

The Illinois House of Human Services Committee passed House Bill 5213 (this in not currently the law of the state of Illinois) which provides, in pertinent part that no person may establish, operate, maintain, offer or advertise a long-term care facility unless they provide the Department of Public Health with proof of liability insurance in an amount not less than One Million Dollars.

For example, if a verdict, in the amount of One Million Dollars was obtained versus a nursing home, the judge and/or jury would multiply that verdict by three, under the treble damages provision, making the verdict Three Million Dollars versus that negligent nursing home. We are hopeful that treble damages will once again become part of the Illinois Nursing Home Care Act for all of us to use in our arsenal in our war against nursing homes providing substandard care to our loved ones.