Baltimore Nursing Home Choking Attorney

Many people assume that choking is only a risk for children and infants, but it was actually the fourth-leading cause of unintentional death among adults in 2017, according to the National Safety Council (NSC). The risk only increases with age. The NSC found that over half of the choking-related deaths in 2015 happened to people over the age of 74. 

Even without a degenerative disease, such as Parkinson’s or dementia, an elderly person may still have a difficult time chewing and swallowing their food or eating unsupervised. The most common causes of seniors’ choking incidents are:

• Chronic heartburn and digestive issues
• A senior not using their dentures when necessary
• Issues with a breathing tube
• Errors in administering medication
• Medication side effects
• Eating too quickly
• Dehydration
• Eating food that wasn’t prepared sufficiently
• Lacking supervision during meals
• Dysphasia (trouble swallowing properly)

While nursing homes and long-term care facilities may not be responsible for all the instances of choking among seniors, there are many ways in which a nursing home or care facility can fail to protect a resident from preventable injury This can occur if the resident has a known medical issue, such as a history of stroke or chronic breathing problems, that tends to make someone more vulnerable to choking.

When Is a Nursing Home Liable for a Choking Incident?

Because nursing homes and care facilities are responsible for preparing residents’ meals, keeping them hydrated, and providing adequate supervision for their needs, a choking incident could be considered neglect when a home or facility staff member fails to perform their duties well or when a home or facility doesn’t follow the recommended protocol for a choking incident.

If a staff member or institution was negligent, they could be held liable for an incident. However, if a staff member was negligent, typically, the institution they work for is held liable since the institution is responsible for the actions of its staff.

A staff member or institution cannot be held liable unless its negligence can be proven, and proving negligence can be complicated. Proving negligence in your case may be especially complicated if the other party has a large insurance company or lawyers backing them. One of our firm’s attorneys can help you establish negligence in your case.

Choking Can Result in Long-Term Injuries or Death

Even if your loved one survives a choking incident, the results can be devastating and have a long-term impact on their health, safety, and happiness. Because choking causes asphyxia, which is a loss of oxygen to the brain, a senior may suffer brain damage and other consequences after choking in a nursing home.

Some additional injuries and other health issues associated with choking in seniors are:

• Seizures
• Non-traumatic brain injuries (NTBIs)
• Heart attacks or strokes
• Aneurysms
• Throat and esophageal injuries

What Damages Could I Recover in a Nursing Home Choking Case?

Since choking-related injuries can be so severe, a victim or a victim’s family can claim many damages. These damages can include:

• Bills for medical treatment after the incident
• Bills for new accommodations and care after the incident
• The costs involved with living with a lasting or permanent injury or disability
• Pain and suffering, as well as mental anguish

You may have lost a family member in a choking incident. In this case, you could claim wrongful death damages for yourself and your family and even on behalf of your deceased loved one. You could claim:

• Your loved one’s pain and suffering
• Loss of companionship and consortium
• Your children’s loss of support and guidance
• Lost family income

Reach Out to Us for a Baltimore Nursing Home Choking Attorney

When you work with Brown & Barron, one of our Baltimore nursing home choking lawyers will treat your or your loved one’s claim with the sensitivity and care it deserves. Regardless of whether you are filing a wrongful death lawsuit for a loved one or seeking justice for your own injuries, we will provide vigorous representation and fight for your right to fair compensation.

For a complimentary consultation and case review, contact our firm today.

Contact Brown & Barron online today to schedule a free case review with a with a nursing home choking lawyer serving Baltimore.