Eads v. Heritage Enterprises, Inc.

787 N.E.2d 771, 204 Ill. 2d 92, 272 Ill. Dec. 585, 2003 Ill. LEXIS 455
Illinois Supreme Court·Decided February 21, 2003·No. 92691 Rel·Published·Cited by 45 cases

Opinions

JUSTICE RARICK

delivered the opinion of the court: The sole issue in this case is whether a plaintiff asserting a private right of action under the Nursing Home Care Act (210 ILCS 45/1 — 101 et seq. (West 2000)) must attach to her complaint the certificate of merit and supporting report required by section 2 — 622 of the Code of Civil Procedure (735 ILCS 5/2 — 622 (West 2000)), popularly known as the Healing Arts Malpractice Act. On a permissive interlocutory appeal brought pursuant to Supreme Court Rule 308 (155 Ill. 2d R. 308), the appellate court answered this question in the negative, holding that section 2 — 622 is inapplicable to claims arising under the Nursing Home Care Act. 325 Ill. App. 3d 129. One justice dissented. We granted leave to appeal from the appellate court’s judgment (177 Ill. 2d R. 315) and now affirm.

The litigation which gave rise to this appeal commenced when plaintiff, Betty Lou Eads, brought an action in the circuit court of Sangamon County to recover damages for personal injuries she sustained in a fall at Memorial ContinuCare (ContinuCare), a for-profit, extended-term nursing facility located in Springfield, Illinois. Named as defendants were ContinuCare’s three owners, Heritage Enterprises, Inc.; Rutledge Joint Ventures, L.L.C.; and Memorial Health Ventures.

Plaintiffs complaint, as amended, alleged that she resided at ContinuCare for approximately one week in July of 1998. Plaintiff had gone to the facility following her release from Memorial Medical Center, where she had been hospitalized for transient ischemic attacks. At the time she arrived at ContinuCare, plaintiff was weak, unsteady, and suffering from confusion. She subsequently became feverish, which caused additional confusion, hallucinations, weakness, unsteadiness, and an inability to comprehend instructions given to her by the facility’s staff.

Plaintiffs amended complaint alleged that defendants, as the owners and operators of ContinuCare, by and through their staff, agents or employees, were aware that she was suffering from the foregoing problems. The complaint further alleged that defendants were aware that plaintiff repeatedly got out of bed without assistance to go to the bathroom. On one such trip, she fell. The fall caused her to fracture her hip and produced severe bruises on her head and body.

Plaintiff sought to impose liability on defendants for her injuries pursuant to the Nursing Home Care Act (210 ILCS 45/1 — 101 et seq. (West 2000)). Specifically, plaintiff asserted that, under the Act, defendants owed her a duty to “ensure that [she] was assisted at all times when she needed to ambulate from her bed to the bathroom.” Plaintiff contended that defendants breached that duty by failing to provide adequate surveillance and supervision; fading to promptly respond to her call light, which forced her to attempt to use the bathroom without assistance; failing to equip her bed with a pressure-release alarm that would have alerted the facility’s staff when she got out of bed so that they could come and assist her; failing to provide adequate staff to ensure that residents, including plaintiff, would have assistance when they required it; failing to attend to plaintiffs needs; and allowing plaintiff to fall in her room as she attempted to go to the bathroom. For her relief, plaintiff sought an award of damages plus her costs and attorney fees.

Defendants moved to dismiss plaintiffs cause of action under section 2 — 619.1 of the Code of Civil Procedure (735 ILCS 5/2 — 619.1 (West 2000)). As grounds for their motion, defendants argued that plaintiff should be precluded from proceeding with her claims because she did not attach to her complaint the certificate of merit and supporting report required by section 2 — 622 of the Code of Civil Procedure (735 ILCS 5/2 — 622 (West 2000)), the Healing Arts Malpractice Act. The circuit court found this contention to be meritorious. It therefore dismissed plaintiffs complaint with leave to replead.

On plaintiffs motion, the circuit court subsequently-made a written finding pursuant to Supreme Court Rule 308(a) (155 Ill. 2d R. 308(a)) that its dismissal order involved a question of law as to which there is substantial ground for difference of opinion and that immediate appeal from the order may materially advance the ultimate termination of the litigation. The specific question of law identified by the court was as follows:

“In a case where the Plaintiff has sued a nursing home for injuries sustained as a result of alleged violations by the nursing home, its staff and employees, of the Illinois Nursing Home Care Act [210 ILCS 45/1 — 101 et seq. (West 2000)], and the regulations promulgated pursuant thereto at 77 Illinois Administrative Code Section 300, et seq., is the Plaintiff required to comply with the mandates of *** the Healing Arts Malpractice Act [735 ILCS 5/2 — 622 (West 2000)]?”

Once the circuit court made its written finding, plaintiff applied to the appellate court for leave to appeal from the circuit court’s dismissal order. The appellate court granted her application. Over the dissent of one justice, the court then answered the foregoing question of law in the negative, holding that actions brought under the Nursing Home Care Act are not subject to the mandates of the Healing Arts Malpractice Act. 325 Ill. App. 3d at 138.

Defendants subsequently petitioned our court for leave to appeal from the appellate court’s judgment. We granted that petition, and the matter is now before us for review. Because the appeal concerns a question of law certified by the circuit court pursuant to Supreme Court Rule 308, because it presents a question of statutory interpretation, and because it arose in the context of an order granting a section 2 — 619 motion to dismiss, our review is de novo. Weatherman v. Gary-Wheaton Bank of Fox Valley, N.A., 186 Ill. 2d 472, 480 (1999); Michigan Avenue National Bank v. County of Cook, 191 Ill. 2d 493, 503 (2000); Nowak v. St. Rita High School, 197 Ill. 2d 381, 389 (2001).

The Nursing Home Care Act, upon which plaintiffs cause of action is founded, was adopted more than 20 years ago “amid concern over reports of ‘inadequate, improper and degrading treatment of patients in nursing homes.’ ” Harris v. Manor Healthcare Corp., 111. Ill. 2d 350, 357-58 (1986), quoting Senate Debates, 81st Ill. Gen. Assem., May 14, 1979, at 184 (statements of Senator Karl Berning). It was described by one of its principal sponsors as a “ ‘full reform of the nursing home industry’ ” Harris, 111 Ill. 2d at 358, quoting Senate Debates, 81st Ill. Gen. Assem., May 14, 1979, at 181 (statements of Senator Richard M. Daley).

The Act repealed the nursing homes, sheltered care homes and homes for the aged act (Ill. Rev. Stat. 1977, ch. 111½, par. 35.16 et seq.) and

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Eads v. Heritage Enterprises, Inc., 787 N.E.2d 771, 204 Ill. 2d 92, 272 Ill. Dec. 585, 2003 Ill. LEXIS 455 (Ill. 2003).

787 N.E.2d 771 (Eads v. Heritage Enterprises, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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