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New Illinois Home Health Care Neglect Lawsuit

A new elder neglect lawsuit was filed recently in Cook County alleging mistreatment by home health caregivers. The complaint, filed last week, can be viewed online in full.

Several different Chicago home health companies and facilities are named in the complaint, which seeks to hold the entities accountable for the actions of their employees in the scope of their employment.

The plaintiff in the case is a man filing suit on behalf of his now-deceased father. The father was receiving care at his home. However, in mid-November of 2011, the senior was brought to a local hospital for a range of problems, including several bed sores, an infection, diabetes problems, and sepsis. His lower leg was amputated to stave off the infection, but the senior died a few days later as a result of complications.

The lawsuit alleges that the senior’s death was caused by inadequate care by those charged with providing him services at home. The complaint suggests that the defendants provided inadequate care, did not monitor the senior, allowed him deteriorating condition to go unnoticed, and otherwise failed to meet their duty.

Several specific claims are made, including a wrongful death action, survival action, and a claim based on the Nursing Home Care Act. This is common in elder neglect cases, as mistreatment can lead to liability under multiple theories.

The Nursing Home Care Act claim is slightly different than the others as it refers to defendant’s liability as an actual elder care facility required to uphold certain aspects of the Nursing Home Reform Act which was passed as part of the federal Omnibus budget Reconciliation Act (OBRA). The complaint notes that the defendants breached the law in various ways, including failing to inform the senior’s family of his medical condition, providing substandard nutrition and hydration practices, failing to enact a corrective plans to care for the senior, and more.

Home Care Neglect Lawyers
Our legal team at Levin & Perconti are proud to work on behalf on all families throughout Illinois whose loved ones may have been harmed by negligent senior care. That includes abuse in the nursing home, mistreatment by home care aides, and everything in between. If you or a loved one may have been harmed in this way, please contact our team to see how we can help.

Not only can legal accountability ensure redress in your own case, but it can spur changes on a system-wide level that improve care for many others. Far too many seniors spend their golden years suffering in silence. Take a stand today and help those unable to help themselves.

While nursing home neglect receives more attention, mistreatment of seniors occurs in many settings. That includes inside senior’s own homes where they receive support from traveling medical aides. In fact, considering there is a general trend away from institutionalized care, we can expect more and more cases of neglect in other settings. Be assured, no matter where it happens, elder abuse is unacceptable, and there are legal avenues to pursue to demand accountability.

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