As your loved ones age, certain physical abilities that you take for granted, such as swallowing food, tend to become more difficult. These challenges can be fatal if the individuals do not receive appropriate levels of care, which can make specialized care for a loved one at a nursing home necessary.
However, not all nursing homes provide the quality of care that you would expect. Chronic understaffing, a lack of proper screening, and inadequate training all can lead to catastrophic results for nursing home residents. If your loved one has suffered injuries while residing in a nursing home, a Fort Worth choking lawyer might be able to give you legal advice and help with your case.
The discovery that your loved one has suffered injuries while in a nursing home can be devastating. In the midst of your crisis, you likely want to take the legal steps necessary to hold the nursing home accountable for its misconduct, but you may have concerns about the costs.
The attorneys of Pintas & Mullins Law Firm are dedicated to helping your family through this challenging time in your life. We take nursing home claims on a contingency basis, so we do not require any payment up front. We receive payment for our services only when your family receives payment for the injuries that you have suffered. Call our offices today at (800) 842-6336 and get started on your claim.
Choking Injuries in Nursing Homes
The Centers for Disease Control and Prevention (CDC) reports that suffocation caused by positional asphyxia and choking was the third leading cause of unintentional injury death for adults ages 65 and older. Suffocation deaths made up 8% of the total unintentional injury deaths for this age group of Americans.
As older Americans overwhelmingly make up nursing home populations, the risk of choking is much greater in nursing home settings. Choking can lead to serious injuries and may be fatal in some situations.
Choking can arise from a number of situations, but dysphagia in general, or difficulty swallowing, often leads to choking. The Mayo Clinic states that dysphagia can arise from a variety of medical conditions but appears more commonly in older adults.
Nursing homes, in particular, must closely monitor patients with dysphagia or other medical conditions that can make swallowing difficult. When nursing home staff fails to properly supervise these patients while eating, provide them with the appropriate foods, or keep them in the appropriate positions, choking can occur. A Fort Worth choking lawyer can investigate the circumstances that led to a choking injury or death and determine whether the actions of the nursing home staff were negligent.
Proving Abuse Based on Negligence in Nursing Homes
Nursing homes have a duty, both contractually and legally, to provide high-quality care for the medical, social, and basic needs of their residents. When nursing home staff fail to provide a level of care that meets this standard, the nursing home can be liable or financially responsible for any injuries or deaths that occur to residents.
A choking injury or death can arise from the negligence of nursing home staff members in various ways. All of these instances can lead to liability for the nursing home through a nursing home abuse claim:
- Lacking training on protocols to recognize and properly treat signs of choking in nursing home residents
- Failing to adequately screen new nursing home residents for food-related needs and choking risks
- Declining to provide modified meals or food to residents with choking risks or properly attend to residents during meals
- Failing to provide emergency equipment to treat choking incidents and adaptive utensils and tools to reduce the risk of choking in residents
- Not properly monitoring residents at risk of choking due to chronic understaffing
When the negligence of nursing home staff leads to residents’ choking injuries and deaths, the nursing home is responsible. Employers generally are responsible for the acts of their employees, even when they are negligent. Likewise, employers are liable in many of these situations based on their failure to adequately screen and train new employees, provide sufficient staffing levels to properly monitor residents while eating, and make adequate accommodations for residents who are at risk of choking.
For a free legal consultation with a Choking Lawyer serving Fort Worth, call (800) 794-0444
Statutes of Limitations in Nursing Home Abuse Claims
All nursing home abuse claims, whether they are personal injury or wrongful death claims, are subject to filing deadlines or statutes of limitations. These deadlines differ by state and by the type of lawsuit at issue.
Under Texas Civil Practice & Remedies Code §16.003, injury victims have two years from the date of their injuries to file their claims against any potentially liable parties. Failure to bring their claims within this timeframe can result in victims being unable to pursue any compensation for their losses. They also will lose their chance to hold negligent nursing homes responsible for their actions.
Likewise, if nursing home residents suffer fatal injuries, some surviving family members can bring a wrongful death claim against the nursing home. As with personal injury actions, family members have only two years from the date of death of their loved one to file their claims for compensation.
Fort Worth Choking Lawyer Near Me (800) 794-0444
Contact Us Today and Get Help
If your loved one has suffered severe injuries or death due to substandard nursing home care, you and your family are likely overwhelmed and stressed by the situation.
Fortunately, you do not have to fight this battle alone. A Fort Worth choking lawyer can help you learn more about your legal rights to compensation and your ability to seek legal justice for your loved one.
At Pintas & Mullins Law Firm, we dedicate our practice to helping injury victims in all types of situations. We are here to guide you through every step of the claims process from beginning to end. Call (800) 842-6336 to find out how to get started on your claim.