Illinois Prosecutors Drop Criminal Abuse Charges Against Two Mental Healthcare Facility Workers Blamed for Allergy Death of Chicago Patient, But Still Say They Acted Negligently
Illinois prosecutors have dropped the criminal abuse charges filed against two Elgin Mental Health Center workers for their alleged involvement in the death of a Chicago patient who was fed fish even though the facility was warned that he was allergic. Morris Howard, 58, died on June 20 after eating the fish and going into anaphylactic shock.
The charges were dropped last week after prosecutors found there was not enough evidence to show that security therapy aides Virdia Spain and Illuminada Tizon had fed Howard the fish because they knew it could kill him. Prosecutors, however, also said that they believed that a level of negligence occurred in order for the feeding error to happen.
Not only had the Elgin facility and its workers been warned of Howard’s food allergy, but notes had been made on his chart and special colored cards reminding people of his fish allergy had been placed on his food tray.
Howard had serious mental and physical disabilities from a gunshot injury and required on-on-one attention from the staff members In Kane County. A coroner’s jury ruled that the cause of his death was homicide by negligence.
Illinois nursing homes, mental health centers, and other long-term residential care facilities are responsible for making sure that residents are fed properly so that they get the nutrition that they need and do not suffer from dehydration. Some residents may even have a special diet that is important to follow—especially if a patient is diabetic, a vegetarian, allergic to dairy, nuts, nother food product, or is in need of specific nutrients in order to stay healthy. A patient's diet may even be specially prescribed by a physician.
Illnesses, injuries, and deaths that arise at an Illinois nursing home because workers were negligent in the care or feeding of a patient can be grounds for criminal charges against all responsible parties. Even if there is insufficient evidence to file criminal charges, you may be able to file an Illinois nursing home neglect lawsuit to recover damages.
Charges dropped in allergy death of patient at Elgin Mental Health Center, Chicago Tribune, December 19, 2008
Allergy death is ruled homicide by negligence, Chicago Tribune, October 31, 2008
Related Web Resources:
Nutritional Issues in Nursing Home Care, Annals of Internal Medicine
Nursing Homes, Medicare
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