Nursing Home Choking Lawyer

Expert Legal Counsel for Families of Choking Victims in Nursing Homes

A nursing home is entrusted to provide around-the-clock supervision and care for elderly residents with unique needs. 

However, when a nursing home fails to uphold its duty of care, residents can be exposed to significant risks. One danger is the potential for choking incidents, which can result in severe, long-term consequences for elderly individuals, and even death in some cases.   

Choking in nursing homes often occurs due to negligence, such as failing to provide proper care and supervision during mealtime, overlooking dietary restrictions, or neglecting to assess swallowing difficulties. 

Many seniors require specific precautions to prevent choking risks, and when these safeguards are ignored, serious harm can occur. If a nursing facility’s actions contribute to these incidents, families may be able to hold these facilities liable. 

Consulting with an experienced elderly choking lawyer can provide essential legal guidance, allowing families to obtain the compensation they need to cover medical expenses and recover from the emotional and physical toll of the incident. 

Nursing Home Choking Lawsuit Settlements

Choking incidents in nursing homes are tragic and avoidable. Below are some examples of settlements we’ve been able to obtain from nursing homes and their insurance companies.

• $815,000 Settlement: Nursing home staff members ignored dietary restrictions and served a patient a hot dog. The patient choked for over 30 minutes before receiving any assistance and later passed away.     
• $1,250,000 Settlement: A wrongful death claim involving a choking incident was resolved prior to litigation. 
• $400,000 Settlement: A hospital patient suffered a severe allergic reaction due to being served food that conflicted with their documented allergies. 

These settlements highlight the importance of following care protocols in healthcare and nursing home facilities. 

Statistics on Choking Incidents in Older Adults

Older adults are at an increased risk of a choking incident. Medical conditions or certain medications that cause difficulty swallowing can cause an at-risk resident to choke. Here are a few statistics to know about the risks of the elderly choking:   

• Choking is the fourth leading cause of unintentional deaths, with two-thirds of choking accidents involving a loss of life occurring in those over the age of 75 years.
• Choking has an average rate of 1.6 choking-related deaths per 100,000 population. 
• In 2022, there were approximately 5,554 choking deaths in the United States, with the highest occurrence among the elderly with food.  
• According to the National Safety Council (NSC), the occurrence of choking deaths significantly increases after age 71 years.

Research shows that elderly residents are at a heightened risk of choking.  

Factors Increasing Choking Risk 

Certain factors increase a person’s risk of choking, including the following:

• Dysphagia: Dysphagia, or difficulty swallowing, is common among seniors. The person may need medications to stimulate saliva production or a diet conducive to the increased risk of choking.
• Dementia or Cognitive Impairment: Dementia or other neurological disorders, like Alzheimer’s Disease, can affect a person’s ability to swallow, which can lead to an increased risk of a nursing home choking accident. 
• Denture Issues: Wearing dentures can increase the risk of choking if the senior swallows them.
• Dental Issues: Other dental issues, like missing teeth, can lead to choking in the elderly. Dental problems can make it difficult to chew food fully.
• Medication Use: Certain medications may make it more difficult to swallow food, especially if they cause dry mouth.

Seniors and nursing home residents are more likely to have one or more of these factors, significantly increasing the risk of a nursing home choking occurrence. Other common causes of choking in nursing homes include clogged feeding tubes, weak throat muscles, and gastroesophageal reflux disease.

Consequences of Choking

A nursing home choking victim may suffer many consequences. Choking can lead to asphyxiation, permanent brain damage, and in some cases, death. It may also cause respiratory issues, such as pneumonia, that demand ongoing medical care. 

Some survivors suffer long-term disability or a reduced quality of life. The resulting harm can be fatal either immediately or in the long run. 

Nursing Home & Care Facility Responsibility

Nursing homes have a duty of care to protect the well-being of their vulnerable residents. Many families make the difficult decision to move a loved one to a nursing home due to increasing care demands, so it’s the nursing home’s responsibility to provide supervision. 

Nursing homes and assisted living facilities are legally responsible for caring for and preventing choking incidents.  

Duty of Care

When a nursing facility lacks proper supervision, choking incidents become far more likely. Nursing home staff should keep a careful eye on residents who need extra assistance, making sure they receive meals suited to their medical and dietary needs. 

It also helps if residents are sitting upright while eating or taking medications, which can lower the chances of choking. Certain foods are more likely to cause blockages and become choking hazards, so they should be limited or avoided entirely.   

Nursing home staff members should also know how to act quickly if a choking emergency happens. When nursing home staff are properly trained, they can provide immediate treatment and limit any lasting harm. If a serious choking event occurs, a nursing home choking lawyer can guide you through your legal options.   

Common Causes of Choking in Care Facilities

A nursing home choking incident can occur due to various causes, with the following being the most common:  

• Inadequate supervision during meals
• Improper food preparation or texture 
• Failure to identify and address residents who have trouble swallowing 
• Understaffing or lack of staff training 

Legal Rights & Recourse for Nursing Home Residents & Families

Nursing home residents who suffer from a nursing home choking accident may have legal rights, especially if the nursing home fails to provide adequate supervision or properly monitor residents. 

Negligence Claims

Many nursing home choking lawsuits revolve around staff members who did not meet their duty of care. You must prove that their neglect directly caused the resident’s choking incident. A lawyer can gather evidence to show how the actions of nursing home staff led to harm.   

Wrongful Death Lawsuits 

Sometimes choking incidents end in a nursing home choking death. Families may bring a nursing home choking death claim to seek damages for their loss, including medical costs and funeral expenses. An attorney can guide you through the legal process, helping you pursue compensation for loss of companionship and other hardships caused by the resident’s passing.   

Choking in nursing homes often leads to significant treatment costs. A nursing home choking lawsuit can help cover medical bills, physical pain, and emotional distress caused by the incident. Some survivors also need ongoing rehabilitation, which can limit their quality of life. 

Although it’s not easy to put a dollar figure on these kinds of losses, fair compensation is often still possible. 

Taking Action After a Nursing Home Resident Choking Incident

The steps you take immediately following a nursing home choking case are essential to the health of your loved one and your legal options. Here are a few ways to take action:

Seek Immediate Medical Attention

An elderly choking accident generally requires immediate and follow-up medical care. Even if the obstruction is cleared, a medical evaluation for nursing home residents is still recommended because complications can occur later.

Report the Incident to the Assisted Living Facility & Authorities

Reporting the choking incident should be done as soon as possible. An incident report creates an official record of the accident and informs the facility that further training or precautions may be necessary. 

Gather Evidence   

Gathering evidence is critical when you suspect nursing home abuse or negligence. Some of the supporting evidence can be time-sensitive, like video footage and witness statements. Medical records can also help show neglect in a choking lawsuit.   

The Nursing Home Law Center is here to connect you to the resources you need to navigate the suspected negligence or abuse in your loved one’s nursing home.

How to Report Nursing Facility Abuse 

If you suspect mistreatment or neglect at a nursing home, it’s important to speak up. Several organizations can help address your concerns and protect vulnerable seniors from further harm.

• National Adult Protective Services Association (NAPSA): NAPSA focuses on identifying and responding to the mistreatment of elderly adults or individuals with disabilities in long-term care facilities. Although NAPSA does not conduct its own investigations, it can connect you to your state’s Adult Protective Services (APS) for assistance.
• National Center on Elder Abuse (NCEA): This national resource center helps prevent elder mistreatment by educating, providing training, and offering support to boost local and state efforts. They also partner on research and policy work to help protect older adults.
• Long-Term Care Ombudsman Program: Ombudsmen serve as advocates for nursing home residents, working with families and facilities to resolve and prevent nursing home abuse or neglect.
• Local Law Enforcement: If a person’s immediate safety is at risk or a crime has already occurred, reach out to the police right away. 

Taking steps to report abuse isn’t only about finding justice for one person, but also about preventing choking in the future, making sure other residents remain safe.  

Who Can File a Lawsuit for Choking Accidents and Choking Deaths?

Choking accidents and choking deaths in nursing homes can cause serious harm, and it’s important to know who can legally file a claim. 

• The Resident: If they remain mentally competent, they can file the lawsuit themselves.
• Power of Attorney (POA): If the resident is alive but unable to act or make decisions because of conditions like dementia, the POA can move forward with legal action. 
• Personal Representative or Executor: When a resident passes away, a court-appointed individual, often the executor of the estate, will be required to file the claim in some states.
• Family Members: Depending on state laws, a spouse, adult child, or dependent relatives may be able to file a claim.  

Understanding who can file a claim is a crucial step toward seeking justice and preventing future harm related to choking hazards.

Consult a Skilled Elderly Choking Attorney!

If you believe a loved one is experiencing abuse or neglect in a nursing home, document any signs of severe injury, changes in behavior, or poor living conditions. Report them to the facility’s management, and if there’s no improvement or you feel unheard, reach out to outside resources.   

You can also get legal advice from an experienced attorney, like those at Nursing Home Law Center, which can help you better understand your options and next steps. Taking action can make a difference for your loved one and others who might be affected.

You need a dedicated and skilled attorney on your side. Call the Nursing Home Law Center today at (800) 926-7565 for a free consultation, or use our online form to discuss your nursing home choking case.