Carol Ostrow Jul. 29, 2015, 3:04pm

An estate administrator is suing a nursing care home, alleging negligence in the death of his father.

Larry Mitchell Jr., as independent administrator of the estate of Larry Mitchell Sr., filed a lawsuit July 28 in Cook County Circuit Court against Heartland of Peoria, alleging negligence in his father’s 2013 death.

The suit states that pursuant to the Illinois Nursing Home Care Act, the facility failed to provide a safe environment with adequate supervision.

According to the filing, Larry Mitchell Sr. was admitted to Heartland, on Glen Elm Drive, on June 27, 2013. The suit states the elder Mitchell, who was mentally disabled, was assessed as being at risk for developing bedsores and infection between his May 30 acceptance and his June 27 admission, but the Heartland staff did not document any skin conditions.

The lawsuit states the patient was discovered unsupervised, unresponsive and foaming at the mouth outside of the facility in his wheelchair June 27, 2013, was admitted to a hospital emergency room, and was diagnosed with sepsis and advanced stage pressure sores to his head, groin, penis, hip and heels. The suit says Larry Mitchell Sr. died July 28, 2013.

The plaintiff alleges Heartland of Peoria was in breach of duty to provide adequate care, supervision and assistance to his father, that it lacked policies for proper intervention, and failed to assess and document his father’s case, implement his care plan and provide adequate personnel.

The suit says the elder Mitchell suffered pain and discomfort, and the plaintiff incurred pecuniary and personal losses.

Larry Mitchell Jr. seeks judgment in an amount to satisfy minimum jurisdictional requirements, plus attorney fees and costs. He is represented by attorney Jeffrey Schlapp of Schlapp Law Group in Chicago.

Cook County Circuit Court case number 2015L007647.

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