773-365-0040 When a home healthcare agency accepts responsibility for a patient, it must provide safe and appropriate care. If the agency sends an unqualified worker, fails to supervise care, or ignores a patient’s needs, or otherwise contributes to the patient’s harm, it may be held responsible for the resulting harm.
Shea Law Group represents Chicago patients and families in lawsuits against home health agencies. We investigate the caregiver’s actions, the agency’s decisions, and the records showing what care should have been provided.
Our firm has more than 75 years of combined experience and has recovered over $100 million for clients. Call us today or fill out our online contact form to schedule a free consultation with a Chicago home healthcare lawyer. You pay no attorney fees unless we recover compensation for you.
Can You Sue a Home Health Agency in Chicago?
You may have grounds for a lawsuit if negligent home healthcare caused an injury, made a medical condition worse, or contributed to a death.
A successful claim generally requires evidence that:
- The agency or caregiver had a duty to provide appropriate care.
- The care fell below the required standard.
- That failure caused or contributed to the patient’s harm.
- The patient or family suffered measurable losses.
A home health agency may be responsible for the negligence of its employees. It may also be directly responsible for:
- Hiring an unqualified or dangerous worker
- Failing to perform required background or credential checks
- Providing inadequate training
- Assigning a worker who could not meet the patient’s needs
- Failing to supervise nurses, aides, or other caregivers
- Ignoring complaints or warning signs
- Failing to follow the patient’s care plan
- Keeping incomplete or inaccurate records
The exact legal claim depends on the services being provided and who provided them. A mistake by a licensed nurse or other medical professional may involve medical malpractice. Other cases may involve personal injury, negligent hiring or supervision, abuse, or wrongful death.
You do not need to determine the correct legal claim before contacting Shea Law Group. Our attorneys review the facts and identify the people, companies, and legal claims involved.
Signs and Examples of Home Healthcare Negligence and Abuse
Home healthcare negligence may involve one serious incident or a pattern of poor care. A patient may also be unable or afraid to explain what happened.
Common examples and warning signs that a home healthcare provider is neglecting or abusing your loved one include:
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Medication errors:
A nurse or authorized provider gives the wrong medication, uses the wrong dose, misses a required dose, or fails to report a dangerous reaction. Learn more about medication and pharmaceutical errors.
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Failure to follow the care plan:
Workers miss required visits, ignore medical instructions, or fail to provide the frequency and type of care ordered for the patient.
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Falls and transfer injuries:
A caregiver leaves a known fall-risk patient without help getting out of bed, walking, using the bathroom, or moving between a bed and wheelchair.
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Pressure sores:
A patient with limited mobility is not properly repositioned, cleaned, examined, or provided with adequate nutrition.
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Failure to report a change in condition:
A caregiver notices confusion, breathing problems, fever, weakness, wounds, or other signs of decline but fails to report them or obtain help.
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Malnutrition or dehydration:
A patient who depends on a caregiver for meals, fluids, or feeding assistance develops unexplained weight loss, weakness, or repeated dehydration.
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Missed or abandoned care:
A caregiver fails to arrive, leaves early, or ends services without appropriate arrangements for a vulnerable patient.
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Poor hygiene or unsafe conditions:
The patient is found in soiled clothing or bedding, has untreated wounds, or is living in conditions that do not match the services the agency agreed to provide.
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Physical or emotional abuse:
The patient has unexplained bruises, cuts, burns, fractures, fear, anxiety, or a sudden change in behavior around the caregiver.
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Sexual abuse:
A caregiver engages in unwanted sexual contact or exploits a patient who cannot legally consent.
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Financial exploitation:
Money, property, medications, checks, or account information go missing while the caregiver has access to the home.
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Conflicting or missing records:
Care logs say a visit occurred or a service was provided when the patient, family, or other evidence indicates otherwise.
These signs do not prove negligence by themselves. They provide a reason to investigate what occurred and preserve the available evidence.
Families dealing with similar conduct in a residential facility can learn more from our Chicago nursing home neglect and abuse lawyers.
Who Is Responsible for the Patient’s Injuries?
A home health lawsuit in Chicago may involve more than one responsible party.
Depending on the facts, responsibility may rest with:
- The home health agency
- A home nursing agency
- A home services agency
- A placement agency
- An individual nurse or home health aide
- A supervising nurse
- A therapist or other licensed provider
- A contractor that supplied care
- Another healthcare provider whose negligence contributed to the injury
Illinois recognizes different types of agencies providing care in a patient’s home. A home health agency may provide skilled nursing and other medical or therapeutic services under a treatment plan. A home nursing agency provides skilled nursing services. A home services agency generally provides nonmedical help with bathing, dressing, meals, housekeeping, and other daily activities.
The type of agency matters because it helps determine what services the agency was allowed and required to provide.
An agency also cannot always avoid responsibility by calling a caregiver an independent contractor. The written agreement, the agency’s role in selecting and supervising the worker, and the control it exercised over the care may all be relevant.
Patients and families do not need to identify the agency’s exact license or employment structure before calling. Shea Law Group investigates these relationships and determines who may be legally and financially responsible.
How Shea Law Group Builds Lawsuits Against Home Health Agencies in Chicago
An agency may blame one caregiver, dispute what happened, or argue that the patient’s condition naturally became worse. Shea Law Group tests those explanations against the records and medical evidence.
We investigate whether the agency properly assessed the patient, selected a qualified caregiver, provided clear instructions, supervised the work, and responded appropriately when problems arose.
Evidence may include:
- The patient’s plan of treatment and care plan
- Nursing assessments and progress notes
- Medication records
- Caregiver schedules and visit logs
- The contract between the family and agency
- Agency policies and training materials
- Personnel and credentialing records
- Background-check information
- Prior complaints involving the caregiver
- Emails, text messages, and recorded communications
- Hospital and emergency-room records
- Photographs and videos
- Statements from relatives, neighbors, and other witnesses
We compare what the agency promised with what it actually provided. We also examine whether missed visits, medication problems, inadequate supervision, or other failures caused the patient’s injury.
When necessary, we consult qualified medical professionals and other experts. Their review can help establish the appropriate standard of care, explain how the agency failed to meet it, and connect that failure to the patient’s condition.
Once the facts are established, Shea Law Group calculates the family’s losses, presents the claim to the agency and its insurer, and demands fair compensation. If a reasonable settlement is not offered, we prepare the case for trial.
What Should You Do If You Suspect Home Healthcare Negligence?
Protect the patient first. Call 911 or seek emergency medical care if the patient is in immediate danger.
When it is safe to do so:
- Photograph injuries and unsafe conditions
- Write down what the patient and caregiver said
- Record the dates and times of missed or shortened visits
- Save texts, emails, voicemails, and agency notices
- Keep medication containers and written instructions
- Request the patient’s medical and home-care records
- Preserve the service agreement and care plan
- Identify anyone who witnessed the patient’s condition
- Report suspected crimes to law enforcement
- Speak with a home healthcare attorney in Chicago before signing documents for the agency or its insurer
Do not alter records or post accusations on social media. Preserve the available evidence and provide it to your attorney.
Should You File an IDPH Complaint?
The Illinois Department of Public Health accepts complaints involving home health agencies. It may investigate patient harm, medication errors, infection-control problems, and violations of patient rights.
An IDPH complaint and a civil lawsuit have different purposes. A regulatory complaint may lead to an investigation or corrective action. A lawsuit seeks compensation for the harm suffered by the patient and family.
Filing an IDPH complaint does not:
- Automatically begin a lawsuit
- Provide you with legal representation
- Recover compensation for every loss
- Preserve every deadline for filing a civil claim
You can speak with Shea Law Group whether you have already filed a complaint or are still deciding what to do.
Compensation in a Home Health Lawsuit
The value of a home health lawsuit depends on the injury, the available evidence, and the effect on the patient and family.
Compensation may include:
- Emergency care and hospitalization
- Additional medical treatment
- Surgery, rehabilitation, or therapy
- Future healthcare and personal assistance
- Lost income
- Disability or disfigurement
- Pain and suffering
- Emotional distress
- Loss of normal life
- Costs required to replace or increase care
- Funeral and burial expenses
- Losses caused by a preventable death
We document the patient’s immediate losses and the care that may be required in the future. This allows us to evaluate settlement offers and pursue the maximum compensation supported by the case.
If negligent home healthcare caused the death of a family member, Shea Law Group can determine whether the family has grounds for a wrongful death claim.
Why Families Choose Shea Law Group for Home Health Negligence Claims
A home health negligence case requires careful medical review and a full investigation of the agency, not just the actions of one worker.
Families choose Shea Law Group for home health negligence claim representation because we offer:
- More than 75 years of combined legal experience
- Over $100 million recovered through verdicts and settlements
- Detailed investigation of healthcare negligence
- Access to medical and other qualified experts
- Experienced negotiation with insurers and defense lawyers
- Preparation for trial when a fair settlement is not offered
- Direct and respectful communication
- Service in English, Spanish, and Polish
- Free consultations
- No attorney fees unless we recover compensation
Review examples of our case results and contact us when you are ready to discuss what happened.
Chicago Home Healthcare Lawsuit FAQ
What if my loved one already had serious health problems before being neglected or abused by a home health agency employee?
A previous illness does not excuse negligent care. The question is whether the agency’s failure caused a new injury, made an existing condition worse, or reduced the patient’s chance of recovery.
Medical records and expert review can help distinguish an unavoidable decline from harm caused by inadequate care.
Can we bring a claim if my loved one cannot explain what happened?
Possibly. Care plans, visit logs, medical records, photographs, witness accounts, electronic communications, and changes in the patient’s condition may help establish what occurred.
The agency replaced the caregiver. Can we still file a lawsuit?
Replacing the worker does not compensate the patient for an injury that already occurred. It also does not resolve whether the agency failed to hire, train, supervise, or respond appropriately.
A lawyer can determine whether a claim remains available.
What if the agency says the caregiver was an independent contractor?
Calling a worker an independent contractor does not always resolve who is legally responsible. The agreement, the agency’s involvement in selecting the worker, and the control it exercised over the care may all matter.
How long do I have to file a home health lawsuit in Illinois?
The deadline depends on the type of care, the legal claim, when the injury was discovered, and whether a licensed medical provider was involved. Different rules can apply to personal injury, medical malpractice, and wrongful death claims.
Contact an attorney promptly so the correct deadline can be determined.
Will filing a claim interfere with the care my family still needs?
The patient’s immediate safety and continuity of care come first. Tell your attorney if the patient still depends on the agency or caregiver.
Shea Law Group can consider that concern while advising your family about preserving evidence and pursuing a claim.
How much does a Chicago home healthcare lawyer cost?
The consultation with Shea Law Group is free. For qualifying cases, you pay no attorney fees unless we recover compensation for you.
