Elderly Choking Lawyer

Families trust the nursing home they choose to care for their loved ones. A nursing home is designed to provide around-the-clock supervision and assistance to elderly residents with special care needs.

When a nursing home fails to properly care for its residents, an injury is far more likely to occur. Nursing home choking can lead to short—and long-term consequences for the elderly resident.

Failing to provide proper supervision or prevent choking for at-risk seniors in nursing homes could be considered negligence. Work with an elderly choking lawyer to explore your options and collect the compensation you and your family need to move on from this difficult event.

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 trouble swallowing can lead to an at-risk resident. 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 [1].
• Choking has an average rate of 1.6 deaths per 100,000 population [2]. 
• In 2022 alone, there were approximately 5,554 choking deaths in the United States, with the highest occurrence among the elderly with food [3].
• According to the National Safety Council (NSC), the occurrence of choking deaths significantly increases after age 71 years [4].

The research shows that elderly residents are at a heightened risk of choking. This means nursing homes should take extra care to protect them.

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 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 or gastroesophageal reflux disease.

Consequences of Choking

A nursing home choking victim may suffer many consequences. One of the most significant risks that come with choking is asphyxiation and brain damage. A lack of oxygen can lead to permanent brain damage or death.

Choking can cause pneumonia or other respiratory infections, which may require ongoing medical care.

Severe injuries from choking may lead to long-term disability and an overall reduced quality of life. Many of these injuries can lead to unintentional death, either immediately following the choking incident or long after from a resulting consequence.

Nursing Home & Care Facility Responsibility

Nursing homes have a duty of care to protect the well-being of their 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 nursing homes fail to provide adequate supervision, a choking event is far more likely to occur. Staff should be aware of vulnerable residents. Nurses must properly monitor them and provide food options suitable for their condition. Ensuring residents are sitting upright when eating or taking medications can minimize the risk of choking.

Certain foods are more likely to cause choking, which should be avoided in nursing homes. Tough meats, like steaks, can increase the risk of choking. Nuts, seeds, and certain fruits are a choking hazard.

Prompt first aid and emergency response are expected when choking emergencies occur in a nursing home. Staff should be trained in emergency response so they can quickly respond to a resident’s choking and help minimize the damage. A nursing home choking lawyer can help you investigate the incident to determine the cause.

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: Nursing homes should provide ongoing supervision of residents, especially during meals. Supervision is essential when residents are drinking beverages or taking medications, two common occurrences of choking incidents in nursing homes.
• Improper Food Preparation or Texture: Certain foods are high risk, especially for elderly residents. A proper diet and pureed foods should be given to those at an increased risk of choking accidents. Tough meats and small foods must be avoided in some situations.
• Failure to Identify and Address Swallowing Problems: Weakened throat muscles and dry mouths can make swallowing more difficult. Nursing home staff who properly monitor residents can quickly identify and respond to these concerns.
• Understaffing or Lack of Staff Training: Nursing homes rely on their staff to care for and monitor the residents. Failing to properly staff or train current nursing care team members can put the residents at risk of choking hazards or other types of injuries.

Legal Rights & Recourse for Nursing Home Residents & Families

Nursing home residents who suffer from a choking accident may have legal rights, especially if the nursing home fails to provide adequate supervision or monitoring. Working with a nursing home lawyer can help you explore your legal options following an elderly choking accident.

Negligence Claims

Many nursing home choking accident lawsuits are filed under a negligence claim. This means that the staff failed to uphold their duty of care for the nursing home resident. 

A nursing home choking case of this type requires proof of negligence. A nursing home choking lawyer will help establish causation between the staff’s neglectful behaviors and the choking incident. Our team does this through collecting evidence, expert witnesses, and an in-depth investigation.

Wrongful Death Claims

A nursing home choking incident can lead to a loss of life. Choking deaths often occur from a lack of oxygen for too long. Choking-related deaths may qualify for a wrongful death claim.

 Our experienced nursing home abuse attorneys can help you build your wrongful death lawsuit, helping you seek justice and recover damages. Loss of companionship and support entitles you to compensation.

Compensation for Injuries & Suffering

A nursing home choking lawsuit aims to recover compensation for injuries and pain and suffering endured by the resident. Choking often leads to medical expenses, which the negligent party should cover. 

Suffering a choking incident can be traumatic. Trauma leads to pain and suffering for the injured resident and their family.

Many nursing home choking accidents require expensive ongoing rehabilitation. The lasting effects of a choking injury can lead to a loss of enjoyment of life. While some of these costs may be difficult to place a value on, they should be compensated fairly.

When nursing home choking deaths occur, compensation may be available to cover funeral expenses.

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 following a nursing home resident choking incident.

Seek Immediate Medical Attention

Choking is a medical condition that almost always requires medical care. While the immediate response to someone choking should be to remove the choking hazards, the victim should still receive medical evaluation after it has been removed. The threat of complications can continue even after the person is no longer choking.

Report the Incident to the 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 them that further training may be necessary. 

Report the incident to the local authorities if you suspect abuse or neglect in the nursing home.

Gather Evidence

It’s never too early to gather evidence following any type of nursing home abuse or negligence case. Even if you’re not sure what caused your loved one’s injury, some evidence is time-sensitive and may not be available later.

Important evidence to gather includes photographs, videos, or witness statements. Medical records will be helpful when proving negligence in a choking case. Work with your lawyer to determine other critical pieces of necessary evidence.

Contact a lawyer if you’re unsure who to report the incident to. The Nursing Home Law Center is here to connect you to the resources you need to navigate the suspected negligence of your loved one’s nursing home.

Consult with an Experienced Attorney

If your loved one suffered a choking accident while under the care and supervision of nursing home staff members, you may have a legal right to compensation. 

Contact the nursing home choking lawyers from the Nursing Home Law Center to explore your legal options. Our team has experience in representing victims and their families of nursing home abuse and neglect cases.

Why You Need a Nursing Home Choking Lawyer

A law firm may be a necessary resource when navigating a nursing home choking accident. Nursing facilities often have sizeable legal team representation and insurance companies who may try to shift blame to avoid paying.

The Nursing Home Law Center works with you and your family every step of the way. Through seeking justice and building a solid case, we fight to get you the compensation you deserve. 

Our law firm can assist with insurance company negotiations, court representation, and settlement considerations. We work with other professional connections, which can help build a strong case that reveals what really happened.

We value the attorney-client relationship. Our team will work hard to establish negligence and serve justice for your loved one. Collecting compensation won’t reverse the trauma you have had to endure, but it may help your loved one recover.

Contact a Skilled Elderly Choking Attorney

When choking occurs in a nursing home, the staff or facility may be to blame. Nursing home staff are responsible for taking proper care of your family member. The facility is in charge of ensuring all nursing home staff are adequately trained. Nursing homes may be liable for negligence when they fail to do these things.

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.

Resources: [1] National Library of Medicine, [2] ProTrainings, [3] Statista, [4] NSC Injury Facts