Nursing Homes May See Litigation Spike After 7th Circ. Ruling

By Randall Fearnow and Edward Holloran (October 13, 2021, 5:54 PM EDT) -- The U.S. Court of Appeals for the Seventh Circuit recently issued a ruling that could dramatically impact litigation involving Indiana skilled nursing facilities, or SNFs.

In the aftermath of the court's decision in Talevski v. Health and Hospital Corporation of Marion County,[1] SNFs and their attorneys should expect to see more cases initiated in federal courts by plaintiffs seeking not only money damages, but recovery of attorney fees incurred in pursuing resident claims.

In its decision, the Seventh Circuit reversed a ruling of dismissal entered by a federal trial court in Hammond, Illinois. The trial court had determined that the plaintiff...

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