(914) 220-1086When an older person makes the decision to move into a nursing home, it is typically because they need a higher level of care. This can include everything from protecting them from falls to ensuring that they eat a diet that is both nutritious and safe for them. Elderly residents of nursing homes are often provided with specialized diets, unique to their individualized nutritional needs and restrictions.
When facilities do not follow these personalized diets to the letter, serious complications, such as choking and even wrongful death, can occur. Often, our elderly relatives are unable to properly chew or process certain types of food. The duty to design and monitor a correct and safe meal plan lies with the staff of the nursing home to which you entrust your loved one’s well-being. When the facility fails to fulfil its end of the bargain, you have a right to demand answers and recourse.
At the Law Offices of Thomas L. Gallivan, we are dedicated to advocating for the rights of nursing home residents in New York. When an older person is injured while residing at a care facility, we will fight to help them and their families get justice. Reach out to our law firm today to schedule a free initial consultation with a New York nursing home abuse and neglect lawyer.
Why Does Choking Occur in Nursing Homes?
As we get older, our bodies change. These changes can include things like decreased saliva production, dry mouth from certain medications, wearing dentures, degenerative diseases, reductions in muscle mass and strength, and deficits related to swallowing due to strokes and other medical issues. This can increase the risk of choking for older Americans.
According to the National Safety Council, choking is the fourth leading cause of unintentional injury death. The majority of choking victims are over the age of 71. For many older people, choking is a very real danger.
When a person chokes, they cannot take in oxygen. Oxygen deprivation can be extremely dangerous, causing brain injury and death. Choking can also cause other health problems, such as:
- Aspirational pneumonia
- Lung infections
- Throat irritation and damage
- Cardiac arrest due to a lack of oxygen
- Neurological issues, including stroke, seizures, and memory loss due to a lack of oxygen
- Abdominal injuries from choking treatment (the Heimlich maneuver)
- Psychological effects such as PTSD, depression, and anxiety
If choking isn’t treated promptly, it can also cause death.
Nursing homes should always ensure that residents have the specialized foods and beverages that each resident requires. They should also carefully supervise residents during mealtimes, assisting with eating if necessary and watching for any signs of a problem. A prompt response to any signs of choking can prevent the most severe harm.
If a nursing home resident is injured or dies in a choking incident, the facility may be liable. Reach out to our law firm to talk to a New York nursing home choking lawyer about a potential claim.
New York Nursing Home Choking Incident Lawsuits and Compensation
A nursing home may be held liable for a choking incident if its action or inaction led to the incident. This can include things like:
- Inadequate assessment of a resident’s choking risk
- Improper food preparation, such as failing to puree foods or providing soft foods for residents with limitations
- Failure to monitor residents when eating and drinking to watch for signs of choking and respond appropriately
- Improper feeding tube management
For example, consider a situation where a resident is having breakfast in the dining room area of a nursing home when he begins to choke on scrambled eggs. While the eggs are an appropriate food for him to eat, he still struggles with chewing and swallowing because of Parkinson’s Disease. If the nursing home staff doesn’t assist him with eating or closely watch him when he is eating, they could be responsible for any injuries that he suffered as a result of the choking incident.
If the nursing home or its employees failed to live up to their obligations, they could be held financially responsible for any injuries that result. They could also be responsible for a wrongful death if a resident dies from choking.
Through a personal injury lawsuit, you can recover money for all of your losses. This may include money for:
- Medical expenses
- Future medical bills, including additional care that may be necessary due to a disability caused by the choking
- Psychological counseling
- Medical equipment
- Additional long or short-term care
- Pain and suffering
- Emotional distress
- Decreased quality of life
- Scarring
- Disfigurement
While unusual, it may also be possible to recover punitive damages in a nursing home choking lawsuit. Punitive damages may be awarded in cases involving intentional or reckless conduct. If there is evidence that a staff member intentionally gave a resident food that they couldn’t safely eat, for example, or if an employee watched a resident choke and purposefully didn’t intervene, the employee and/or nursing home could be liable for punitive damages.
If you were injured or a loved one died as a result of a nursing home choking incident, we are here to help. Our New York nursing home abuse lawyers will investigate your case and build a strong claim for compensation. We won’t back down and won’t rest until we get you justice for your losses.
Decades of Experience Representing Nursing Home Neglect Victims
For decades, the attorneys at the Law Offices of Thomas L. Gallivan, PLLC have been protecting the rights of nursing home abuse victims. The effects of choking on an elderly nursing home resident are often exacerbated by a weakened physical condition.
Nursing homes are obligated to protect residents in their care, which includes helping to reduce the risk of harm through choking. In fact, many nursing homes bill Medicare and other insurance companies for assisting residents with eating and/or providing specialized diets. If the nursing home does not provide this care, it is a clear violation of its duty to provide proper care for its residents.
Our team is here to help if someone you love has experienced choking due to potential negligence at a nursing home facility, and as a result, has suffered painful and potentially fatal side effects. We have represented numerous families whose loved ones died as a result of a nursing home’s failure to provide the appropriate food at meals (i.e., a sandwich or hot dog provided to a resident in order to receive a chopped or pureed diet). Our on-staff lawyers and nurses will review your case and fight to maximize your compensation for bills and pain and suffering.
On Your Side, Working for Justice
Choking is a risk for many older adults. Nursing homes must evaluate residents for this potential danger and take appropriate steps to reduce the risk. If they fail to do so and a resident is harmed as a result, they can be held responsible for any injuries that result. Our experienced New York choking attorneys can help you get the money that you deserve for your losses.
Nursing home abuse affects not only the victim of neglect but the family of the victim as well. At the Law Offices of Thomas L. Gallivan, PLLC in White Plains, we work to protect both you and your loved one from the effects of nursing home abuse and neglect. We handle all nursing home abuse and neglect cases on a contingency fee basis, so you will never pay a fee unless we get money for you. If you feel that you have been victimized, please contact us today via email or at (866) 931-9532.
