Home Health Care Negligence Lawyer

If a loved one was hurt, neglected, or mistreated by an in-home caregiver or nurse, a home health care negligence lawyer at Mixan Mahony, LLC can review what happened for free. Home care lets people stay in familiar surroundings, but it also means care happens out of view, often with one caregiver at a time. We serve families across Illinois from our Chicago office by phone and video.

How Home Health and Home Services Agencies Are Licensed

The Home Health, Home Services, and Home Nursing Agency Licensing Act, 210 ILCS 55, requires a license to operate a home health agency, a home services agency, or a home nursing agency in Illinois. Home health and home nursing agencies provide nursing and therapy, while home services agencies provide non-medical help such as bathing, meals, and companionship.

Problems a Home Health Care Negligence Lawyer Investigates

Common concerns in home care cases include:

• Missed visits or caregivers who leave early.
• Falls during transfers, bathing, or toileting.
• Medication errors or missed doses.
• Untreated pressure injuries, infections, or dehydration.
• Failure to report changes in condition to a physician or family.
• Abuse, theft, or financial exploitation.

Who May Be Responsible

Responsibility may rest with the agency that hired, trained, and supervised the caregiver, the caregiver individually, or a referral or staffing company. Agency agreements and the plan of care help show what services were promised.

Evidence in Home Care Cases

We request the plan of care, visit logs and electronic visit verification records, caregiver training and background check records, medication records, and communications with the agency.

When Home Health Care Negligence Leads to a Death

When a home health nurse, aide, or agency fails a patient at home in Chicago or elsewhere in Illinois and the patient dies, the family may have a wrongful death claim and a survival claim. Mixan Mahony, LLC reviews visit notes, the plan of care, and agency staffing to learn what was missed.

Home health deaths can follow:

• Missed or skipped visits
• Wound care failures that lead to infection or sepsis
• Medication errors or poor monitoring of high-risk drugs
• Not reporting changes in condition to the physician
• Unsafe transfers or falls during care

A wrongful death claim under 740 ILCS 180/2 is brought by the personal representative for the surviving spouse and next of kin and generally must be filed within 2 years after the death, with exceptions in the statute. A survival claim under 755 ILCS 5/27-6 carries forward claims for injuries suffered before death.

Different deadlines can apply:

• Claims against physicians, registered nurses, or hospitals arising out of patient care may fall under 735 ILCS 5/13-212, which can matter when a registered nurse provided the home care.
• Claims against a local public entity may be subject to the one-year filing rule in 745 ILCS 10/8-101, with a separate rule for patient care claims.

Learn more about Illinois wrongful death claims and hospice neglect claims.

Mixan Mahony, LLC, 444 W. Lake St., Suite 1707, Chicago, IL 60606. (312) 262-3971. Get directions to our Chicago office.

Illinois Deadlines and Fault Rules in Care Facility Cases

• Most injury claims: 2 years under 735 ILCS 5/13-202.
• Medical providers: 2 years from discovery with a 4-year outer limit under 735 ILCS 5/13-212(a), and different rules for minors.
• Nursing homes: under the Nursing Home Care Act, 210 ILCS 45/3-601, the owner and licensee are liable for intentional or negligent acts or omissions of their agents or employees that injure a resident, and under 210 ILCS 45/3-602 the licensee pays actual damages, costs, and attorney’s fees when a resident’s rights under the Act are violated.
• Shared fault: under 735 ILCS 5/2-1116, an injured person is barred only if their fault is more than 50 percent of the cause; otherwise damages are reduced by their share.
• More than one defendant: under 735 ILCS 5/2-1117, all defendants found liable are jointly and severally liable for medical expenses, and for other damages a defendant less than 25 percent at fault is severally liable while one 25 percent or more at fault is jointly and severally liable.
• Wrongful death: under 740 ILCS 180/2, an action is generally filed within 2 years after the death, with exceptions in the statute.
• Public entities: claims against a local public entity generally must be filed within 1 year under 745 ILCS 10/8-101(a), and personal injury claims against the State generally require a notice within 1 year under 705 ILCS 505/22-1 unless the claim is filed within that year.

These are general rules with exceptions. Ask a lawyer to confirm the deadline that applies to your situation.

Read the licensing law at 210 ILCS 55.

In CILA cases, the IDHS Division of Developmental Disabilities publishes OIG abuse, neglect, and exploitation information by CILA provider, showing allegations reported to and accepted for investigation by the IDHS Office of the Inspector General and the results of those investigations.

Compensation Families and Injured People May Seek

Depending on the facts, a claim may seek compensation for medical bills, rehabilitation, increased care costs, pain and suffering, disability, and loss of a normal life. When a person dies, Illinois law allows certain family members to bring a wrongful death claim, and the estate may bring a survival claim for losses the person suffered before death.

Every case is different, and no lawyer can promise a result. Our role is to gather the evidence, explain your options honestly, and pursue the claim you choose.

What to Do Next

• Make sure your loved one is safe and receiving medical care.
• Ask the facility for the incident report and the care plan in writing.
• Photograph injuries and the room or area where the event happened.
• Write down the names of staff and the dates and times of conversations.
• Ask the facility in writing to preserve video and electronic records, and call us for a free review.

Related Practice Areas

You may also find these pages helpful:

• choking injuries in care settings
• falls and fractures in care settings
• suicide and self-harm negligence
• elopement and wandering injuries
• nursing home negligence, assisted living abuse and neglect, memory care abuse and neglect, CILA abuse and neglect, home health care negligence, behavioral health facility abuse, hospice neglect, independent living injuries, SMHRF abuse and neglect, medical negligence
• wrongful death claims

We also serve clients in communities such as Orland Park, Tinley Park, Berwyn, Waukegan and Lake County.

We serve clients throughout Illinois from our Chicago office. See our Illinois service areas, our Chicago personal injury practice, and our Illinois personal injury representation.

What to Expect When You Call Our Firm

When you contact a home health care negligence lawyer at Mixan Mahony, LLC, the first conversation is about listening. We ask what happened, who was involved, what injuries resulted, and what records you already have. You do not need to have everything organized before you call.

After that first call, a home health care negligence lawyer on our team will explain which deadlines may apply, which records we plan to request, and what an investigation is likely to involve. If we are not the right fit for your situation, we will tell you that as well.

Throughout the case, you can expect plain-English updates. Working with a home health care negligence lawyer does not mean giving up control of your decisions. You decide whether to accept a settlement offer or move forward with a lawsuit.

Many people wait to call a home health care negligence lawyer because they worry about cost or are unsure whether they have a claim. The consultation is free, and an early review can help protect evidence that might otherwise be lost or overwritten.

Talk With a Home Health Care Negligence Lawyer at Mixan Mahony, LLC

Whether you live in Chicago, the suburbs, or downstate, you can speak with our team by phone or video. A home health care negligence lawyer at our firm will listen, explain the law that applies, and outline the next steps without pressure.

• A free first conversation by phone or video.
• Records requests sent directly to providers, agencies, and insurers.
• Electronic signatures for paperwork.
• Updates by phone, email, or text.

Meet the Partners

Mixan Mahony, LLC was founded by Colleen Mixan Mikaitis and Mackenzie J. Mahony. Both partners are personally involved in the cases the firm handles for clients across Illinois, and you can reach them through our Chicago office by phone or video.

No attorney fee unless we recover for you. Your first consultation is free. How case costs and expenses are handled is explained in writing in the fee agreement before any work begins.

Contact Mixan Mahony, LLC

Mixan Mahony, LLC
444 W. Lake St., Suite 1707
Chicago, IL 60606
Phone: (312) 262-3971
View our Chicago office on Google Maps

We serve clients in communities outside Chicago from our Chicago office. We do not have offices outside Chicago. Phone and video meetings are available. You can also reach us through our contact page.

This page provides general information about Illinois law and is not legal advice. Reading it does not create an attorney-client relationship. Every case is different, and past outcomes do not guarantee future results.