Nursing homes that do not properly supervise their populations could suffer from understaffing, which Health Services Insights
notes as an issue in many nursing homes in the United States. Whatever the cause, insufficient supervision of your loved one prior to or during their choking event could be negligence.
If you find out that your loved one suffered a choking episode, then you may consider that the nursing home where the event happened is not safe. Whether your loved one passed away because of their choking is worth noting, and their nursing home may have been negligent in allowing your loved one to choke. A Columbus choking lawyer and their team will examine how and why your loved one’s choking event occurred and determine whether your loved one is the victim of negligence.
Your loved one could be entitled to compensation. Call Pintas & Mullins Law Firm today at (800) 842-6336 to complete a free consultation about how we will help protect your loved one from suffering any further harm.
Choking Can Result from Negligence in a Nursing Home
While inevitable accidents happen in a nursing home setting, you may want to determine whether your loved one’s choking was caused by negligence. You may find out that the choking was the direct result of insufficient supervision or other forms of negligence. You could also discover that your loved one lacked adequate care from staff members on other occasions.
Choking could happen because of the following shortcomings in a nursing home.
Lack of Supervision
The National Center for Biotechnology Information (NCBI) explains how the elderly are predisposed to have difficulty swallowing—a condition known as dysphagia. This means that every patient in a nursing home should provide supervision when they are eating, and some patients with known risks of choking should be monitored closely.
Nursing homes that do not properly supervise their populations could suffer from understaffing, which Health Services Insights notes as an issue in many nursing homes in the United States. Whatever the cause, insufficient supervision of your loved one prior to or during their choking event could be negligence.
Failure by the Staff to Help Your Loved One When They Are Eating
It is not enough for those who care for the elderly to simply watch your loved one while they are eating. They may also need to:
- Cut up your loved one’s food to reduce the risk that it becomes lodged in your loved one’s airway
- Monitor them closely to spot possible signs of choking
- Be ready to dislodge food from your loved one’s airway
- Perform the Heimlich maneuver, which the Mayo Clinic explains is one response to choking
- Be ready to resuscitate your loved one if necessary
If nursing home staff did not do one or more of these things, then they may have been negligent and contributed to the harm caused by your loved one choking.
Neglect
Failure to properly monitor your loved one could fall into the category of neglect. Neglect could occur when there is a pattern of failing to properly monitor your loved one or failing to help them in ways that are expected of nursing home staff.
A Columbus choking lawyer will determine why your loved one choked, who is responsible for their choking, and how they may be able to secure justice for your loved one. A lawyer will aim to prevent your loved one from suffering any further because of their choking episode.
Nursing Home Leadership Could Be Liable for Your Loved One’s Choking
When your loved one chokes in a nursing home, you may first investigate staff members who were not able to prevent the choking. While such parties may be liable, upper management could also be liable for harm that occurs under their supervision.
Management may be liable for the general care of nursing home residents. They may also take certain actions or fail to take certain actions that constitute negligence. Such actions or failures include:
- Failing to hire and maintain enough staff to keep every resident safe
- Hiring caregivers who are not qualified, do not have adequate training or have records of neglect or abuse
- Failing to monitor residents using video cameras or other means of supervision
- Failing to train staff about how to prevent choking
- Failing to train staff about how to respond to a resident who is choking or has lost consciousness and needs resuscitation
Your lawyer will name liable nursing home administrators as defendants in your lawsuit if they deem it appropriate. The compensation that they seek from these and any other liable parties will depend on the way that your loved one has suffered because of the choking episode.
For a free legal consultation with a Choking Lawyer serving Columbus, call (800) 794-0444
Your Loved One May Deserve Compensation for Their Choking Incident
You have suffered an immense loss if your loved one’s choking episode caused them to pass away. If this is the case, then you may be entitled to justice, and your loved one will seek fair compensation through a wrongful death lawsuit.
If your loved one survived their choking incident, they could be personally entitled to compensation. They may bear the trauma of choking and may suffer losses, including:
- Psychological trauma
- Emotional distress
- Physical injury
- Recurring symptoms of trauma, such as difficulty sleeping or anxiety
- The financial cost of medical care related to their choking incident
A lawyer may discover that your loved one has been mistreated in ways that range beyond their choking incident. Your loved one could have suffered losses for such additional harm and may be entitled to additional compensation.
Columbus Choking Lawyer Near Me (800) 794-0444
Consider Working with a Columbus Choking Lawyer Today
Choking can rob your loved one of the trust that they should have in their caregivers. Choking may also be preventable, and one or more parties may be liable for exposing your loved one to danger.
A Columbus choking lawyer will review your loved one’s choking episode and help you with your case. Call Pintas & Mullins Law Firm today at (800) 842-6336 for a free consultation.
Call or text (800) 794-0444 or complete a Free Case Evaluation form
