Choking is more common in elderly people due to health issues, according to the National Center for Biotechnology Information (NCBI). It is the responsibility of Miami nursing homes to provide caretakers for those who need supervision or help with eating.
If your loved one is suffering from injuries or has died because they choked while in a nursing home, your family may be eligible for compensation. Let a Miami choking lawyer examine your case for free.
Call Pintas & Mullins Law Firm at (800) 842-6336 to get assistance filing your case. We are here to help make sure they are not subject to further injury. We offer free consultations and work on a contingency fee basis, so you will only pay when we win your lawsuit.
Why Choking May Be the Result of Negligence in a Nursing Home
Nursing homes across the nation are already frighteningly understaffed. This is a leading cause of long-term negligence and abuse, according to Health Service Insights.
This is why choking may be the result of neglect in a nursing home. When nursing homes do not keep up to standards, those in their care pay the price. For example, if a nursing home resident who suffers from dysphagia needs their food cut into small pieces, an overworked caregiver can easily forget to do so. They may not take the time to slowly feed the resident, either.
Caregivers have obligations to follow each individual patient’s medical plan to ensure choking does not happen. If the nursing home administration fails to hire enough qualified caregivers to help their patients on an individual level, they are creating an opportunity for negligence to occur.
Even residents who do not live with a specific risk of choking still need help eating. Some reasons nursing home residents may need proper supervision while eating in a nursing home:
- Poor posture
- Lack of teeth
- Poorly fit dentures
- Neurological disorders
- Medication side effects
- Difficulty swallowing (dysphagia)
- Not following food preparation guidelines for patients
Patients with Alzheimer’s and dementia can sometimes have difficulty chewing and swallowing because they forget how. Sometimes, residents will attempt to help themselves if there is not a caregiver available to offer assistance. Moreover, if they are eating alone and choke, they may pass out and hit their head or break a hip or worse.
Although this type of neglect is not generally intentional, it is the nursing home’s responsibility to make sure their residents have the appropriate care. Our job as your attorney is to make sure the negligent parties pay for the suffering they cause due to their lack of attentiveness. We can also help you find out if the neglect is intentional, which may signal abuse on the part of the caregiver or nursing home administrator.
How a Miami Choking Lawyer Can Assist You
Negligence and abuse are a serious issue in our nursing homes. We must stay vigilant when facing these situations in these exceptionally challenging times. Our Miami choking lawyers can help you carry the responsibility of going against those who have hurt your family.
Filing a personal injury or even wrongful death lawsuit is not easy. It takes investigating, gathering evidence, negotiating with defense teams, and understanding the law to get the most out of your settlement. That means you will have to relive the past and the pain over and again. It also does not allow you time to focus on your loved one’s physical recovery.
Contact Pintas & Mullins Law Firm today, and we will look over your case for free. We want to be advocates for your cause and help you open up space to heal and help your family members recover. You will not pay any up-front, out-of-pocket fees because we only take payment when we win your case.
For a free legal consultation with a Choking Lawyer serving Miami, call (800) 842-6336
Damages You May Receive in a Miami Nursing Home Choking Case
You must make sure that you file your lawsuit on time. The statute of limitations provides two years from the date of injury or discovery of injury to file, per Florida Statutes §400.0236. There are some exceptions to these time limits, but a Miami choking lawyer can help you determine how long you have for your specific case.
The severity and uniqueness of your case will determine which awards are available to you—compensation for these types of cases are economic and non-economic awards. They may include recovery for:
- Emotional stress
- Medical bills
- Loss of income
- Prescription costs
- Vocational rehab
- Funeral and burial costs
- Permanent disability
Miami Choking Lawyer Near Me (800) 842-6336
Let Pintas & Mullins Law Firm Help You Navigate Your Case
Do not let your loved one pay the price of neglect in a Miami nursing home. Let one of our Miami choking lawyers assist you so you can concentrate on getting your loved one the care they need.
Call Pintas & Mullins Law Firm at (800) 842-6336 now for a free consultation. We are here to help you through these trying times. You deserve to focus on what is most important after a choking accident—making sure your loved one recovers physically and spending quality family time with them. Let us work together to help fight nursing home negligence and abuse.