Choking is a substantial hazard for elderly patients living in nursing homes. As a person ages and loses control of their physical faculties, the reflexes that allow them to safely chew and swallow food can also deteriorate. Nursing home caregivers have a duty to understand which residents are at risk of choking and to do everything possible to minimize their risk.
If your loved one was injured or killed in a choking accident in a nursing home, an Oklahoma City choking lawyer from Pintas & Mullins Law Firm can help you hold the negligent parties accountable and seek recovery in the form of monetary compensation.
If you have a loved one in a nursing home, the Pintas & Mullins Law Firm team is in your corner. We handle negligent and abusive caregiver cases. We also offer a free case evaluation to determine your legal needs.
Call Pintas & Mullins Law Firm for your free consultation.
Why the Nursing Home Is Responsible for Your Loved One’s Choking Accident
When a person chokes on food, we usually do not think of it as someone else’s fault. A choking injury (or even death) is typically regarded as a terrible accident, one that, while tragic, was not preventable by another party.
But when the victim is an elderly resident of a nursing home, someone who likely did not have total control of their physical faculties, a choking accident may indicate negligence. The question that must be asked is, why did the person choke to begin with? Why did someone not cut their food into manageable bites? Even more striking, why did a caregiver not quickly notice something was wrong and take action?
In a nursing home environment, the caregivers and the nursing home itself have under the Nursing Home Reform Act, according to the U.S. Department of Justice.
They must do everything possible to provide a safe, healthy, comfortable environment, and they must take proactive steps to shield residents from harm. A resident that is able to choke to the point of severe injury or death clearly has not received adequate protection from harm, and the ones who failed in their duty of care should pay the price.
At Pintas & Mullins Law Firm, our Oklahoma City nursing home abuse and neglect lawyer can help you establish the negligent parties’ liability for your loved one’s injury or death. We can help you seek compensation for your physical, emotional, and financial losses on behalf of your loved one. We also never charge a fee until we obtain a settlement or court-awarded offer for you.
We Can Help Determine Who Was Responsible for Your Loved One’s Choking Accident
There are several parties that may be liable for your loved one’s choking injury at a nursing home. An Oklahoma City choking lawyer at Pintas & Mullins Law Firm can investigate the incident, find out exactly what happened, determine how your loved one was able to choke and why they were not tended to faster, and identify who bears responsibility.
Once we have the identities of all the potentially liable parties, we can begin the process of collecting evidence against them and holding them liable.
The liable parties for your loved one’s injury or death may include:
Your Loved One’s Direct Caregiver
The nursing home employee directly responsible for your loved one’s care is the most likely responsible party, as they have a specific duty to uphold the safety and well-being of their residents.
If they were not providing adequate supervision when your loved one put a piece of food or any other object in their mouth that was a choking hazard, and they were not in a position to respond quickly to prevent severe injury, we can prove they were negligent and that had they been doing their job, your loved one may have escaped harm.
The Manager of the Nursing home
Because the manager of a nursing home is responsible for making sure the caregivers who work beneath them do their job correctly, they may be vicariously liable when one of those employees engages in negligent behavior that harms a resident.
The Nursing Home Itself
The nursing home itself may be liable as well, particularly if it had lax hiring, screening, and training procedures that led to a lack of quality care for residents.
For a free legal consultation with an choking lawyer serving Oklahoma City, call (800) 794-0444
We Can Help You Seek Fair Compensation
Your monetary settlement or award for the abuse or neglect of your loved one in a nursing home may include medical expenses, transfer costs to a different nursing home, pain and suffering, emotional distress, and wrongful death if the choking accident caused your loved one to lose their life.
Oklahoma City Choking Lawyer Near Me (800) 794-0444
The Statute of Limitations
- 2014 Oklahoma Statutes Title 12. Civil Procedure §12-95 allows two years for lawsuits involving nursing home abuse, so it is important to take action right away. The clock starts running the day the injury occurred.
If you wait longer than the allotted time, you may lose your right to pursue any legal action at all.
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Call Us for a Free Case Evaluation With Pintas & Mullins Law Firm
An Oklahoma City choking lawyer at Pintas & Mullins Law Firm may handle your case while you focus on your loved one’s physical health and recovery. We work on a contingency fee basis to help our clients get started with their cases as soon as possible. For a free case evaluation, call us.