Aspiration Pneumonia in Nursing Homes
In nursing homes, residents receive consistent care from nursing staff. This constant attention is designed to help them recover from health conditions, lead comfortable lives, and enjoy their golden years.
Nursing home residents often face more significant health challenges due to weakened immune systems and vulnerable states. Sometimes, this can lead to additional health conditions like aspiration pneumonia.
What is Aspiration Pneumonia?
Aspiration pneumonia is a condition that can develop when foreign substances enter the lungs. For example, if a person drinks water or eats food, they could cough or inhale at the wrong time, and the substance would go down the wrong tube and enter the lungs.
Other things, like stomach acid or contents, a foreign object, or saliva, can also cause aspiration pneumonia. These substances can fester in the lungs and cause an infection called aspiration pneumonia. Nursing home patients may have health issues that increase the risk of contracting this disease, especially if they are not supervised sufficiently. [1]
The Prevalence and Severity of Aspiration Pneumonia in Nursing Homes
Individuals in assisted living facilities face higher chances of developing aspiration pneumonia. First, many elderly individuals have difficulty swallowing their food and beverages cleanly. If they struggle to swallow correctly, anything in their mouth could end up in their lungs.
Weakened immune systems also make nursing home residents more vulnerable to bacterial infection. If there is an underlying medical condition, the chances of developing aspiration pneumonia also increase when substances enter the lungs.
This disease can cause severe health complications, including death, if it is not treated promptly.
Recognizing the Signs and Symptoms
A patient suffering from aspiration pneumonia will display several symptoms, including coughing, fever, shortness of breath, bad breath, chest pain, and difficulty swallowing. However, it’s important to note that some patients may not display all of these symptoms. [2]
These symptoms typically manifest very quickly after the foreign substance enters the lungs. It may only take a few hours to start experiencing symptoms, and the condition could develop into pneumonia within a day.
If you notice any of these symptoms in yourself or a loved one in a nursing home, notify the staff immediately so treatment can begin. A quick medical response is essential to preventing this disease from escalating into something worse, like lung abscesses, chemical pneumonitis, bacteremia, respiratory failure, necrotizing pneumonia, or persistent oropharyngeal dysphagia.
The Role of a Lawyer in Aspiration Pneumonia Cases
Since the risk factors of infectious diseases are higher in nursing homes, staff are responsible for protecting all residents from conditions like aspiration pneumonia. In some cases, negligent staff are not watching for the signs of aspiration pneumonitis or pneumonia, causing harm to the victim.
A nursing home lawyer can help victims of abuse or negligence pursue justice against the facility or its staff.
Advocating for Victims and Families
Attorneys specializing in this law sector can advocate for elderly patients and their families when they have been wronged. Often, aspiration pneumonia occurs because staff did not help patients when they were supposed to or ignored warning signs.
Staff may fail to warn physicians about warning signs, meaning a resident won’t get a physical examination or chest radiograph as they need. Since they failed to take action to prevent aspiration pneumonia, the victim suffered due to negligence.
A lawyer will help the victim and their family seek justice through compensation or injunctive relief. They will also ensure the facility is held accountable for wrongdoing.
Expertise in Medical Malpractice and Elder Law
Elderly nursing home residents are among the most vulnerable groups in our population. They rely entirely on healthcare services since they have more significant medical needs. This, plus the natural process of aging, can make them easy victims of abusive or negligent behavior.
An attorney specializing in medical malpractice and elder law knows the rights of nursing home residents. Their knowledge of these laws and the claims process allows them to guide victims toward successful outcomes through legal actions.
Compassionate and Supportive Representation
Helping victims of aspiration pneumonia and their families is not just about winning the case. Lawyers who work with these groups also understand the importance of compassion and support.
Often, those who have been harmed in a nursing home setting are facing immense physical and emotional stress. Working with a legal representative can provide peace of mind as you navigate a complex legal process so you can focus on physical and emotional recovery.
When to Consult a Lawyer for Aspiration Pneumonia
Not every case of aspiration pneumonia is the fault of negligent nursing staff. A more straightforward diagnosis could simply be a minor issue that does not require filing legal action. Here are a few scenarios where calling a lawyer makes sense, if only to voice your concerns and determine if legal action is on the table.
Unexplained or Recurrent Pneumonia
Any form of bacterial pneumonia is dangerous for the patient. If there is no apparent reason why a person has developed pneumonia, this could indicate aspiration pneumonia. A nursing home or hospital-acquired pneumonia diagnosis could involve negligence from staff, especially since residents face more significant risk factors.
This type of case may warrant investigation by an experienced lawyer. Recurrent aspiration pneumonia is also a severe issue. If the pneumonia symptoms continue manifesting, the person may suffer from a lack of medical attention, which is grounds for legal action.
Delayed Diagnosis or Treatment
Medical staff must investigate whether there is any suspicion of aspiration pneumonia or lung inflammation. At the very least, it is essential to rule out aspiration pneumonia, as it can present similar symptoms to acute respiratory distress syndrome.
Suppose you believe nursing home staff are ignoring symptoms in adult patients, failing to order tests like a lung ultrasound, or delaying necessary treatment. In that case, you should contact a lawyer immediately to discuss your legal options.
Concerns About Neglect or Inadequate Care
Having a loved one in a nursing home can be challenging. It compounds the issue if your family member is not receiving the treatment or care they deserve. If you think your loved one is at risk of aspiration pneumonia or you notice their condition has worsened, you should call an attorney who works with nursing home victims.
Neglect, improper feeding techniques, and lack of monitoring could all cause your loved one to suffer from aspiration pneumonitis or pneumonia, so you may need the services of a lawyer to hold the facility accountable.
Common Causes of Aspiration Pneumonia in Nursing Homes
Aspiration pneumonitis and pneumonia present unique symptoms in hospitalized patients. Preventing this condition from developing starts with understanding the root causes. Here are some of the most common causes of aspiration pneumonia.
Dysphagia and Swallowing Difficulties
Difficulty swallowing is a significant risk factor for developing aspiration pneumonia. It could be the result of natural aging or a medical condition like dysphagia. Residents who have issues swallowing their food, drinks, or medications should be monitored to ensure none of the substances enter their lungs.
If they start coughing or choking immediately, this could be a sign that some items did not reach their stomach, and there is a risk of aspiration pneumonia.
Inadequate Feeding and Hydration Practices
Elderly patients face an increased risk of aspiration if they use improper feeding techniques, lack assistance, or receive inadequate monitoring during meals.
Even if they do not need direct help when feeding, staff should be on hand to ensure they do not simultaneously put too much in their mouth. If the issue can be prevented when the patient eats or drinks, antibiotic therapy will not be needed.
Lack of Proper Oral Care
Oral care is part of daily life in a nursing home. Some residents require assistance with oral care routines, such as brushing their teeth.
Poor oral hygiene can increase the risk factors associated with aspiration pneumonia, so staff should consistently support patients through hygiene practices. Contaminated saliva could infect the lungs if it is aspirated. Periodontal disease can also make a person more susceptible to aspiration pneumonitis or pneumonia. [3]
Medication Side Effects
Certain medications could increase the chance of a patient suffering from aspiration pneumonia. Primarily, this happens if a potential side effect is difficulty swallowing. If the resident takes this medicine and experiences that side effect, they could aspirate a foreign substance when struggling to swallow food or drink.
Additionally, some medicines could increase your cough reflexes, and if you start coughing while eating, that food could enter your lungs.
Proving Negligence in Aspiration Pneumonia Cases
The primary barrier to success in an aspiration pneumonia lawsuit is proving negligence. Suppose you cannot provide evidence that the defendant behaved negligently or intentionally to cause you harm. In that case, you will not be able to receive compensation for legal damages. Here are the elements required to prove negligence in a civil claim.
Establishing the Standard of Care
In a civil lawsuit, the defendant must owe the plaintiff a certain standard of care in a given situation. Nursing homes are legally required to assess all residents and manage risks to their health properly.
This includes providing appropriate feeding assistance and monitoring residents while eating or drinking. In this case, preventing aspiration pneumonia or taking action to treat the condition is the expected standard of care.
Demonstrating a Breach of that Standard
Next, you must prove that it is more likely that the defendant breached that standard of care. Either their actions or inactions have fallen short of the duty of care, placing you or your family member in harm’s way.
A breach of duty in a nursing home could include failure to monitor, providing insufficient medical attention, or not following through on a patient’s feeding requirements.
Linking the Breach to the Pneumonia and Harm
To increase your chances of claiming compensation for legal damages, there must be a causal relationship between the defendant’s actions and the harm you or your family member suffered.
For example, did the lack of monitoring lead to the resident eating without assistance and aspirating some food into their lungs? If aspiration pneumonia was suspected, did the staff delay testing for it, and the condition worsened?
Evidence must link the breach of duty to the harm suffered because of aspiration pneumonia.
Calculating the Full Extent of Damages
The final element required for a successful lawsuit is legal damages. A victim could be harmed due to staff inattention, but there is no case for compensation if they did not suffer any consequences from the behavior.
Damages in a case involving aspiration pneumonia could include lost wages, medical expenses, therapy bills, emotional distress, physical pain, loss of enjoyment of life, or even funeral costs and loss of companionship in wrongful death lawsuits.
A lawyer will know how to calculate your damages and prove their existence to maximize your compensation if your claim is successful.
Contact a Nursing Home Lawyer for a Free Consultation
Perhaps you live in a nursing home, and you believe the staff did not respond quickly enough to your diagnosis of aspiration pneumonia. Maybe a loved one appears to be displaying the signs, and you are concerned they are not being tested for it.
Contacting the experienced team at the Nursing Home Law Center is essential to protect the rights of nursing home residents who suffer from aspiration pneumonia. We will help you hold the facility accountable and pursue compensation for legal damages.
Call our office at 800-926-7565 for a free consultation about your case, or complete the online form.
References: [1] Cleveland Clinic, [2] National Institute of Health, [3] National Institute of Health