Inattentive or inappropriate care can lead to your loved one choking in a nursing home setting. The elderly population stands a greater chance of choking — which can lead to death, according to the National Safety Council. Caregivers in your loved one’s nursing home must know how to minimize the risk of your loved one choking. Caregivers must also know how to respond when they see your loved one choking.
If you believe that employees, administrators, or anyone else at the nursing home where your loved one choked contributed to their accident, a Berwyn choking lawyer can help you. Call our legal team at Pintas & Mullins Law Firm today for a free consultation. You may be eligible for compensation if negligence occurred.
The Risk of Choking Increases with Age
The ability to swallow is one ability that many people take for granted. Elderly residents in nursing homes generally do not take it for granted. The elderly may need assistance eating and drinking because swallowing can become more difficult with increased age, according to a paper published in the journal, Clinical Interventions on Aging.
Caregivers Should Take Steps to Prevent Choking
Medical professionals know the risks of choking among the elderly population, and the caregivers at your loved one’s nursing home should, too. They should know the basics of choking prevention, which include:
- Only feeding your loved one food that is easy to swallow and digest.
- Cutting up any solid food into small pieces to reduce the chances of it lodging in your loved one’s throat.
- Encouraging your loved one to take sips of liquid between bites.
- Politely Insisting that your loved one chew their food into small bits before attempting to swallow.
- Assisting your loved one in feeding themselves to any extent, if necessary.
For a free legal consultation with a Choking Lawyer serving Berwyn, call (800) 794-0444
Nursing Home Staff Should Refrain From Behaviors That Cause Choking
There are some behaviors a caregiver should absolutely avoid, as they could put your loved one at risk of choking. The behaviors to avoid include:
- Encouraging (or demanding of) your loved one to eat or drink quickly.
- Walking out of the room while your loved one eats.
- Refusing or failing to cut up your loved one’s food.
- Refusing further assistance that your loved one needs to eat or drink without choking.
- Demonstrating ignorance of proper ways to reduce the risk of choking and, perhaps even more important, the steps to take when choking occurs.
Every nursing home administrator and caregiver has a duty to protect their residents from known hazards, including choking. This means that all caregivers must receive training on lowering the risk of choking amongst residents. Caregivers must also be trained on how to respond if a resident is choking. If they fail in this duty, you or your loved one may have grounds for a lawsuit based on negligence.
Berwyn Choking Lawyer Near Me (800) 794-0444
Negligence at Feeding Time May Indicate Negligence All The Time
If your loved one suffered a choking accident due to the negligence of a caregiver or administrator—for causing, failing to prevent, or failing to properly respond to the choking—it is possible that other forms of wrongdoing occur in the same nursing home.
Nursing homes that are dedicated to providing the best possible care do not allow negligence to cause a choking episode. If your loved one choked because of poor care and staff training, then the nursing home may:
- Employ supervisors who do not hold themselves or others accountable.
- Foster a culture where a poor quality of care is acceptable.
- Fail to conduct extensive background checks on caregivers or other employees.
- Not adequately train employees on essential caregiving practices.
- Represents a dangerous environment for your loved one and other residents.
Courts may hold the administrators in charge of a nursing home liable if your loved one suffered a choking accident, especially if it led to their death. Call our team at Pintas & Mullins Law Firm today for a free discussion about your case.
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Call a Berwyn Choking Lawyer if You Suspect Negligent Care
If you believe that your loved one lives in danger in the nursing home where choking occurred, then you should call law enforcement and arrange for your loved one to move to a safe environment. Next, you should contact a lawyer, who will help you fight for any compensation that you or your loved one deserves.
A Berwyn choking lawyer will move your case forward by:
- Finding out who is liable for your loved one’s choking (more than one person may be responsible).
- Speaking with you and your loved one to get a complete picture of any negligence that has affected your loved one, including inadequate care that led them to choke.
- Bringing your case to the appropriate court to begin the legal process as soon as possible.
- Investigating negligence at the nursing home, including but not limited to the circumstances that caused your loved one to choke.
- Seeing your loved one’s legal case for compensation through to the finish, with a possible outcome of a judgement or settlement.
A lawyer can defend your loved one’s right to proper care—a right that the defendant or defendants named in your lawsuit possibly violated.
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Recoverable Damages For Nursing Home Choking in Berwyn
If your lawyer reaches a settlement, or a jury rules in your loved one’s favor, you could receive compensation for:
- Medical costs related to the choking incident.
- The time your loved one spent at the nursing home where the choking occurred.
- Pain and suffering that your loved one has experienced at the hands of the defendant(s).
Your family could collect additional compensation if you are bringing a wrongful death claim. A Berwyn choking attorney can explain your case for compensation in greater detail.
Call Our Team at Pintas & Mullins Law Firm Today
Our team will do our best to fight for any awards you and your loved deserve. Call us today for a free consultation. We work on a contingency-fee-basis, so you pay nothing out of pocket, and we only collect a fee if you receive compensation.