While choking is not always a sign of nursing home abuse, it is a possibility that the nursing home staff is engaging in neglectful behavior and not ensuring safety in the nursing home, such as not properly monitoring residents, especially those vulnerable to choking accidents.
If your family member is experiencing nursing home neglect injuries, there are opportunities available for compensation if carelessness or indifference caused his or her choking accident.
However, some limitations exist on your ability to file a claim. Speak with a nursing home neglect lawyer to find out more information about chocking accidents at nursing homes.
When Choking Accidents Are a Sign of Nursing Home Neglect
Whether or not choking is caused by neglect depends upon if the nursing home acted with carelessness or indifference. Choking accidents are a sign of neglect if your family member has a medical condition or other issues that prevent that from swallowing correctly.
Other instances may qualify a claim for nursing home neglect, including:
- Meal plans that do not account for allergies
- Not assisting with portioning and sizes
- Failing to help residents who have mobility issues
- Not providing water with meals
- Not noticing that a choking accident is occurring
Mainly, a choking accident maybe elder abuse or nursing home neglect if the facility should have reasonably known that a hazard existed and chose not to ensure your loved one’s safety.
It is equally important to recognize that choking is not always a sign of nursing home neglect. Sometimes an accident is simply that, which no one could reasonably prevent.
The primary theme in establishing nursing home neglect, within the context of choking accidents, is that staff members failed to meet their general duty of care toward the resident.
What to Do If You Suspect Nursing Home Neglect Caused a Choking Accident
The first thing you must do after uncovering a nursing home neglect injury is to seek immediate medical attention for your loved one. Send him or her to another provider if you suspect the in-house team at the nursing home is incapable of providing comprehensive care and treatment options. The doctor treating your family member can document the injuries and offer insight into possible causes.
The second aspect of handling a negligence claim begins by documenting instances of neglect, including issues that could have led to a choking accident. Take photos, start a journal of events, and gather the names and contact information of the people involved with feeding and providing first aid. You will need to recall these details as you pursue compensation for your loved one’s injuries or death. This is an essential part of the process in determining whether a choking accident is a sign of nursing home neglect.
In cases of wrongful death, the autopsy report can confirm the cause of death. The coroner can provide you with the documentation to assert that choking played a role and what caused it to occur. He or she will also make notes of any unusual surrounding factors that triggered your family member’s death.
Financial Compensation Is Available for Nursing Home Neglect
While some family members believe it is callous to go after money after a personal injury or wrongful death accident, one can argue that it is more disparaging to allow responsible parties to escape without consequences and harm other residents.
Not only do financial awards serve you and your family, but they also help to strengthen and improve public policy.
The amount of compensation you can anticipate receiving from a nursing home negligence case depends upon its circumstances as well as your state’s laws. In general, you can file a claim for medical expenses, mental anguish, and wrongful death from a settlement or civil court award.
Time Limits Apply to File a Nursing Home Neglect Claim
Nursing home neglect is an actionable claim under personal injury, medical malpractice, or wrongful death. Every U.S. state enacts a statute of limitations that defines the deadlines by which you have to file a claim.
Pintas & Mullins Law Firm Answers Your Toughest Questions
Dealing with nursing home neglect is upsetting and challenging for many family members. The legal team at Pintas & Mullins Law Firm wants to help you navigate your legal options while providing a practical approach toward filing a claim for compensation. You can address your questions during a free, no-obligation case evaluation with a legal professional by calling (800) 842-6336 today.