Woman sues home health care providers over husband’s death

By Carol Ostrow | May 15, 2015

A widow filed suit individually and as her late husband’s estate administrator against a home health care business for alleged liability in his 2013 heart attack and death.

Ernesta Ware brought suit May 4 in Cook County Circuit Court against Professional Home Care Advantage Inc. and Eden Rachel P. Espina, claiming medical malpractice in a May 2013 incident.

According to the filing, Ceasar Ware was treated by the defendants from March 26- May 2, 2013. Beginning March 26, 2013, Ware received weekly home health skilled nursing care following a hospital stay to address a cardiac condition and systolic dysfunction, the suit states.

On May 2, complaining of constipation, pain, sweating and discomfort, he lost consciousness while attempting to have a bowel movement and was transported by ambulance to a hospital, where he was pronounced dead of cardiac arrest.

The suit alleges defendants failed to adequately treat the man’s constipation and bowel condition; obtain medically necessary emergency treatment; consider impending cardiac arrest; make a home visit to examine and treat the patient; and keep his records properly.

Citing cardiac complications, pain, suffering and death; lost earnings; loss of support, society, and companionship; grief, sorrow and mental suffering; and medical, funeral and burial expenses, the plaintiff seeks damages of more than $50,000, plus attorneys’ fees and costs. She is represented by Stephanie Nathanson and Michael Peterson, of the Law Offices of Stephanie K. Nathanson in Chicago.

Cook County Circuit Court Case No.: 15-L-4614.

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