Maryland nursing homes are facilities specifically licensed to assist elderly and disabled people who require ongoing medical assistance and supervision. Patients in nursing homes often have difficulty swallowing, and nurses are provided with special training to prevent and treat choking issues.
If you or a loved one suffered a choking injury while in the care of a nursing home, you may be able to file a claim for compensation. A Catonsville nursing home choking injury attorney from Brown & Barron can review your case and advise of your legal rights
Many Choking Injuries and Deaths Are Preventable
According to the National Safety Council (NSC), choking is the third most common cause of preventable injury and death in the U.S. 71% of deaths from choking occur in individuals aged 65 and older.
According to a 2022 study published by the Public Library of Science (PLOS), choking occurs when an object or material lodges in the patient’s esophagus or airway, blocking or reducing airflow to the lungs. If the blockage is not removed quickly, the patient could asphyxiate, resulting in long-term brain damage or death.
Nursing Homes Have a Duty of Care To Prevent Choking Injury
Per the Code of Maryland Regulations (COMAR) § 10.07.02.01 and 10.07.02.14 the patient’s attending physician is responsible for the patient’s well-being; however, nursing home staff are required to provide patients with ongoing care on a 24/7 basis. This includes supervising patients when they are sleeping or eating when patients are at greater risk of choking.
If the attending physician or nursing staff fails to prevent choking injuries or does not assist a choking patient in a timely manner, they may be liable for the resulting injuries. In addition, the medical director and assisted living facility can be held specifically liable if the facility does not provide a level of care consistent with their licensing requirements.
Get in touch with a choking injury lawyer serving Catonsville, 410-547-0202 for a free case evaluation.
Filing a Claim for Nursing Home Choking Injuries
Md. Code, Cts. & Jud. Proc. § 3-2A allows injured parties to file a claim against a medical professional who caused injury through negligence or neglect. You can go through the Health Care Alternative Dispute Resolution Office for arbitration or file a lawsuit for medical malpractice.
To successfully pursue a claim against the nursing home for choking injuries, Maryland law requires you to prove that your injuries were caused by the negligence of the nursing home or its staff.
If you choose arbitration, you must file a certificate of a qualified expert within 90 days. This certificate is a letter written by an expert in the same field that outlines how the at-fault healthcare provider failed to adhere to industry standards of care and the ways that this failure led to the choking injury.
The Catonsville nursing home choking injury attorneys at Brown & Barron can help you obtain the necessary documentation to support your claim, including the certificate of a qualified expert, nursing home records, and witness testimony. Our goal is to ensure that you receive fair compensation for the losses you incurred because of the nursing home’s negligence.
Time Is of the Essence in Maryland Medical Cases
In Maryland, you have a limited time to file a lawsuit for medical malpractice, if you choose to waive arbitration. The amount of time available to you depends on the circumstances of your case, so it is important to speak with an attorney well-versed in Maryland’s nursing home and medical malpractice laws. The lawyers at Brown & Barron can review your case and help you meet critical legal deadlines.
Losses You Can Include in Your Nursing Home Choking Injury Claim
When you or a loved one is injured in a nursing home, you may feel anxious and betrayed. If you trust a nursing home to look after your disabled or elderly family member, it can be a terrible feeling to realize that they have suffered at the hands of negligent or abusive nursing home staff.
At Brown & Barron, we firmly believe that nursing homes should be held to the highest standard of care. Because they care for some of our most vulnerable populations, they cannot be allowed to commit negligent acts without accountability. That’s why we will aggressively pursue justice and maximum compensation on behalf of you and your loved ones.
Losses we may seek in your claim include:
- Medical bills and costs associated with choking treatment
- Rehabilitation and physical therapy
- Pain and suffering
- Long-term medical care, medication, and equipment
- Psychological therapy
- Compromised quality of life
- Loss of companionship
Wrongful Death in Maryland Nursing Homes
If you lost someone you loved to a choking injury in a nursing home, we extend our sincere condolences for your loss. Our sympathetic wrongful death attorneys are here to help you pursue justice against the individuals and entities responsible for your loved one’s untimely demise.
We understand that nothing can fill the void left behind by your lost loved one, but we can help you lighten the financial burden by filing a wrongful death claim to cover funeral expenses and medical costs associated with your loss.
Catonsville Nursing Home Choking Injury Attorneys
While you may wish to handle your injury claim through arbitration, it is in your best interests to hire an attorney to assist you. Whether you are submitting a claim for arbitration or filing a medical malpractice lawsuit, the laws governing nursing home injuries in Maryland are extremely complex.
When you work with an attorney at Brown & Barron, you gain the benefit of decades of experience handling complicated medical malpractice, nursing home, and wrongful death cases. We understand that each case is different, and we have the in-depth knowledge necessary to streamline your case and help you seek the compensation you deserve. Our dedicated legal team will:
- Obtain expert statements and documentary evidence
- Establish a financial value for your total losses
- File a claim for arbitration
- Negotiate a just settlement
- File a medical malpractice lawsuit against the guilty parties, if needed
Brown & Barron Are Here To Help With Your Choking Injury Claim
Reach out to the dedicated nursing home injury lawyers at Brown & Barron to discuss your claim. Our attorneys will provide an expert analysis of your claim and help you to decide on the best legal action for your situation.
We know this is a difficult time for you and your family. We’re here to help carry the legal burden so you can focus on what’s important.
Contact Brown & Barron online today to schedule a free case review with a with a choking injury lawyer serving Catonsville.