If your loved one is residing in a nursing home, then you probably have many concerns about their care. Maybe you miss seeing them and worry about their care. Although there’s a lot of things to be concerned about, you probably don’t think about your loved one choking. So, if you get word that your loved one had a choking incident, it can be quite alarming.
Choking can cause extensive injuries, some of which develop into long-term injuries. It can lead to death, as well. If your loved one was injured or killed in a choking incident at a nursing home, then seek out the counsel of a San Diego choking lawyer at Pintas & Mullins Law Firm. No one should have to suffer due to neglect or mistreatment at a nursing home. A lawyer will assist you throughout the legal process of pursuing fair compensation.
At Pintas & Mullins Law Firm, an investigative team will go over the details of your case and build the evidence in your favor. Do not worry about paying an upfront fee because we do not charge until we collect funds in the settlement phase.
Get in touch for a free consultation today by contacting us at (800) 842-6336 today.
Facts About Choking
Although there are about 39.5 million accidental or unintentional injuries that occur every year in the United States, according to the Centers for Disease Control and Prevention (CDC), there are six unintentional injuries that are at the top of the list. These injuries are from falls, cuts, choking or swallowing a foreign body, burns, traffic accidents, and sunstroke.
As you can see, choking can be a problem. This is especially problematic for elderly people. Older adults are at risk for choking for the following reasons:
- They produce less saliva making it more difficult to swallow.
- They may have weaker teeth, meaning they don’t chew up their food all the way.
- Conditions such as acid reflux can make the throat more narrow.
- They may eat too fast.
- If they have any physical or cognitive impairments, it could hinder their eating.
- They may have a condition called dysphagia, which hinders proper swallowing.
No matter what the reason for the choking, the nursing home is responsible for watching out for vulnerable seniors. If your loved one was not cared for properly, then seek financial compensation through the legal process.
Potential Injuries and Recoverable Losses
When someone chokes on food or an item, they can be gravely harmed. If they are fortunate enough to get the item dislodged, they could have throat irritation, damage from getting the Heimlich Maneuver, or get lung aspiration. However, the worst-case scenario is when a person chokes and doesn’t get the food out. This can result in death.
Whether you are filing a personal injury with your loved one or a wrongful death claim, a San Diego choking lawyer will assist you in pursuing the losses. There may be differing damages from case to case, depending on the final outcome. Check with your lawyer to see which ones apply to you.
For a free legal consultation with a San Diego Choking Lawyer serving San Diego, call (800) 842-6336
Making a Legal Case for Choking
Your lawyer will begin preparing your case by following the protocol for establishing the evidence in a thoughtful manner. There are three main areas of evidence that must be fleshed out to get a fair settlement. These are as follows:
Establish a Duty of Care
The duty of care is the obligation that a nursing home facility has to your loved one. This is explicitly stated in any contract you have, as well as implied by the relationship. Because your loved one was being cared for by the nursing home, they have a duty of care to them.
Show a Breach of Duty
When a nursing home fails to protect a resident, then there is a chance they breached their duty. This is where your attorney will build on the evidence to show negligence, carelessness, or malice. Your lawyer may need to gather information such as:
- Medical records
- Eyewitness statements
- Witness account
Connect Cause and Effect
Finally, the lawyer must show how the injuries your loved one suffered result from the incident.
San Diego San Diego Choking Lawyer Near Me (800) 842-6336
Statute of Limitations
When filing a suit against a nursing home facility, your attorney will follow the statute of limitations. Our San Diego choking lawyer will file either a personal injury claim if your loved one is injured due to choking or a wrongful death claim on your behalf. Either way, the statute of limitations is the same. California’s Code of Civil Procedures (CCP) §335.1 indicates that you have up to two years to make a wrongful death claim or personal injury claim.
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Consider a San Diego Choking Lawyer
Although everything may feel out of control right now and your mind is spinning in circles, take a deep breath and reach out to a lawyer. This first step might feel difficult to make, but it is important to take advantage of a free case consultation. You can find out where you stand and what to expect moving forward. You deserve to get financial compensation for a choking incident. A San Diego choking lawyer will stand by you during this process.
At Pintas & Mullins Law Firm, we are here to fight for you and your loved one. We believe all people have the right to recover financially. No institution is above the law. Get in touch with us by calling (800) 842-6336 today.