Every day at nursing homes, elderly residents receive their food portions from staff members. In some instances, some residents are able to eat without the aid of the nurse or staff member. Others may be suffering from a disease or physical limitations, and may also need help from the staff member.
These eating sessions can provide the impetus for a choking session. If the resident cannot properly chew the food or has jaw or swallowing difficulties, food can become lodged in the throat. If the nursing home attendant fails to take action, this could turn into a choking episode for the nursing resident.
If choking on food has happened to your spouse or parent in a nursing home, and the unthinkable occurred, you can seek legal representation with our Tulsa choking lawyer. Pintas & Mullins Law Firm can listen to your circumstances to find out if the staff was negligent with your loved one and if a case for compensation applies. Call us.
Nursing Home Choking Accidents
Choking deaths can happen among elderly patients in nursing homes due to the natural effects of aging, according to Geriatrics (Basel).
Similar to the need for watching an infant with solid foods, the nursing home attendant must stay alert when the elderly resident is chewing food. Without constant attention, the elderly resident could choke on food and suffer uncontrollably from lack of breathing. In some cases, without immediate help, the resident could choke to death.
Nursing homes are supposed to be sanctuaries of care and comfort of our society’s older citizens. Nursing home staff have an obligation to protect residents from harm and help them manage their lives while diseased, on medications, or suffering from mental illnesses. This translates into giving specialized care to elderly nursing home residents around the clock.
Unfortunately, there has been chronic understaffing in our nation’s nursing homes, according to Health Service Insights. Nursing homes staff members are generally underpaid, poorly trained, and overworked. This leads to situations where residents are left on their own for periods of time far longer than is appropriate.
When these breakdowns in staffing occur, accidents can happen and nursing homes should be held accountable for their lapses in judgment. This is why some victims seek legal counsel when taking action on behalf of a loved one. Taking a case to court to recover the losses of a loved one in a nursing home with a Tulsa choking lawyer provides an option for seeking justice. Contact us today to tell us about your situation.
Dysphagia in Nursing Homes
Dysphagia is the medical term for having trouble swallowing. When elderly persons suffer from dysphagia, they cannot swallow certain liquids or foods, and this results in spitting up, coughing or choking when trying to eat or drink something. The elderly person may even regurgitate the food back up, sometimes through the nostrils.
Of course, all this means that food is not staying inside the patient, and this could result in weight loss, infections, or other medical effects. Stomach acid coming back up through the mouth or nose may lead to infections, which could cause cancer of the mouth or cancer of the stomach.
For a free legal consultation with a Choking Lawyer serving Tulsa, call (800) 842-6336
Alzheimer’s Patients at Risk
Senior residents in nursing homes are more apt to suffer from swallowing difficulties, which leads to more choking accidents. Elderly people suffering from dementia and Alzheimer’s may live with an increased risk of choking due to their mental impairment. Dementia residents in nursing homes may also show signs of malnutrition and dehydration as a result of the inability to chew, swallow, and digest food.
Tulsa Choking Lawyer Near Me (800) 842-6336
Nursing Homes Are Accountable
When loved ones bring a senior resident to a nursing home, there is the expectation that the elderly person will be cared for and provided for in a safe, caring environment. Nursing home staff have a legal duty to comply with this expectation. Staff should be trained on how to prevent and respond to choking accidents.
This also extends to the careful monitoring of the elderly resident during feeding times. The nurse must be on alert to catch the symptoms of choking and dysphagia. If the nursing home staff is not on high alert with these residents, choking can occur, and the nursing home may be responsible.
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Work with a Tulsa Choking Lawyer
Losing a loved one due to accidental choking in a nursing home is extremely upsetting. However, you have legal rights if this happens. You can enlist the service of skilled attorneys knowledgeable in nursing home accidents. At Pintas & Mullins Law Firm, we can listen to your story and help you determine your legal rights.
There will not be any upfront fees necessary to start a case. Our attorneys work on a contingency basis, meaning that our fee will be paid eventually with a percentage of the potential award settlement we aim to secure for the loss of your loved one.
This choking death could result in a claim against the nursing home of wrongful death. In these types of lawsuits, compensation in the form of a financial settlement could include all or part of the following:
- All medical expenses and nursing home fees associated with your loved one
- Memorial service, funeral, burial, cremation, and other costs
- Pain and suffering from the event
- Loss of consortium
These examples show the kind of financial compensation that may be within your right to seek against the nursing home and its staff.
A Tulsa choking lawyer can help you with the steps involved in making a claim that holds the nursing home accountable in a wrongful death lawsuit. Contact Pintas & Mullins Law Firm for a free consultation about how to seek justice and financial awards for the loss of a loved one.