Older people are more inclined to choke on food, liquid, and medication. However, choking injuries are sometimes due to a lack of supervision or negligence by nursing home employees.
If your spouse or parent suffered injuries from choking, or if you lost a spouse or parent due to choking, you may be able to hold the nursing home accountable for your economic and emotional damages.
You owe it to yourself and your loved one to call the office of a Louisville choking lawyer who can protect your rights and seek justice on your behalf.
For a free case review, call Pintas & Mullins Law Firm at (800) 842-6336.
How Choking Can Be a Sign of Nursing Home Abuse or Neglect
It is part of the aging process to have a decline in chewing strength and efficiency. This increases the risk of choking and is why nursing home patients should be properly supervised at meals. According to the National Consumer Voice for Quality Long-Term Care, lack of assistance with eating and drinking is a form of neglect.
Choking accidents may occur when staff members are negligent or careless. The most common behaviors on the part of negligent staff members include such actions as:
- Failing to assist residents in cutting up food
- Failing to modify portion size
- Failing to provide water or other beverages along with the meal
- Failing to provide meals and snacks at regular intervals can create intense hunger and a greater risk of residents eating too quickly
- Failing to avoid serving foods that cause an allergic reaction, such as shellfish or peanuts
Nursing homes owe a duty of care to their residents that they will be properly supervised to avoid choking incidents that can lead to injury or death. If you suspect that your spouse or parent suffered a choking injury or death because of negligence, please call the office of Pintas & Mullins Law Firm today.
What We Do to Establish Liability
Nursing home abuse and neglect cases are challenging because they require research and a keen awareness of the required burden of proof. As the plaintiff or injured party, you and your loved one must show that it is more likely than not that the nursing home caused their choking injuries.
This is not a simple process. Some nursing homes restrict their records to even family members. That is when it may be time to call Pintas & Mullins Law Firm. We can compel the nursing home to open their records and secure other evidence of negligence, including:
- Medical reports
- Resident’s medical history, including other types of choking incidents
- Witness statements from staff and residents
- Expert testimony
- Your personal account if you witnessed the incident
Our law firm has the resources and staff to give your case the attention it deserves.
Elements of Liability
Nursing home abuse cases, like other personal injury cases, require that certain elements must be present.
These elements include:
- Duty of care: The nursing home owes your loved one a duty of care to follow its contractual obligations of care, safety, and protection.
- Breach of duty: The nursing home breached this duty of care in some manner, such as failing to supervise your loved one at their meals.
- Causation: This negligence caused your loved one to suffer from choking that led to injuries, illness, or death.
- Damages: The choking injuries caused your loved one to suffer losses, both physical and financial.
A Louisville choking lawyer might be able to determine liability for you and help you recover damages from the liable party.
For a free legal consultation with a Louisville Choking Lawyer serving King, call (800) 794-0444
How We Might Recover Damages
Nursing homes must carry insurance policies against liability and other losses. Our first option for recovering damages for you and your loved one is likely to be filing a claim against this coverage.
A lawyer with Pintas & Mullins Law Firm can file this claim on your behalf, including:
- Identify all liable parties
- Communicate with liable parties of intent to pursue damages
- Compile all evidence, documentation, and testimony of injuries and damages
- File and manage your claim
- Negotiate with the insurance company for the best possible settlement
You should not have to deal with an insurance adjuster while trying to focus on your loved one’s health and wellbeing.
We Work for You, Not the Insurance Company
The nursing home and its insurance company have their own legal team to protect their interests. That is why it may be in your best interest to have a lawyer looking out for you and your spouse or parent.
A choking lawyer works to recover damages on a contingency basis. You do not pay upfront or out of pocket fees. Our lawyers at Pintas & Mullins Law Firm are paid from a percentage of the settlement that we recover on your behalf. This motivates us to find the best possible outcome for your case.
King Louisville Choking Lawyer Near Me (800) 794-0444
Statute of Limitations for Choking Abuse or Neglect
Nursing home abuse cases may be resolved without going to court. However, there are legal options that may be considered if the other party will not negotiate in good faith. Depending on the circumstances and injuries, a lawyer with our firm may file one of these types of lawsuits:
- Personal injury
- Wrongful death
Kentucky has deadlines called statutes of limitations for filing legal actions. Kentucky Revised Statutes (KRS) §413.140 allows roughly one year for personal injury and wrongful death lawsuits.
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We Pursue Compensation and Justice
You and your loved one could be awarded for such damages as:
- Medical care and treatment
- Emotional or psychological counseling
- Pain and suffering
- Relocation and moving costs
- Mental anguish
You may also be helping to prevent more choking injuries by shining a light on negligence or wrongdoing.
Complete a Free Case Evaluation form now
Call Us Today
If you suspect that a parent or spouse suffered a choking injury due to negligence, call the office of a Louisville choking lawyer. You and your loved one may be entitled to damages.
Call Pintas & Mullins Law Firm today for a free case review at (800) 842-6336.
Call or text (800) 794-0444 or complete a Free Case Evaluation form
