A Cook County man is suing his late father’s nursing care facility, alleging substandard care led to his death.

Herman Davis Jr. filed a lawsuit as estate administrator for Herman Davis Sr., deceased, June 19 in Cook County Circuit Court against The Grove of Evanston, alleging negligence.

According to the filing, in late July 2013, Herman Davis Sr. was admitted as a resident of the defendant’s nursing home facility for nursing and rehabilitative services. The suit says the defendant and its agents should have known of the patient’s risk factor for pressure ulcers and malnutrition, and that it was negligent in the care of the plaintiff’s father.

The complaint states The Grove failed to protect the patient from abuse and neglected to provide properly supervised nursing, personal care, assessment and monitoring. Invoking the Nursing Home Care Act of Illinois, also known as the Survival Act, the plaintiff alleges his father’s health deteriorated as a result of the defendant’s wrongful acts or omissions.

The plaintiff alleges the senior Davis suffered personal and pecuniary injuries including pain and suffering, disability and disfigurement, and medical expenses.

Herman Davis Jr. seeks damages in excess of $50,000, plus attorney fees and costs. He is represented by attorney Marc Weissman of The Law Offices of Steven J. Malman & Associates in Chicago.

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