Nursing homes have a great deal of responsibility. They have to provide for our loved ones and protect them from any harm, including unintentional harm, such as the harm inflicted by a choking injury. When a nursing home neglects its responsibility, a resident can suffer serious harm or even perish.
If your loved one is a victim of a nursing home’s neglect and a resulting choking injury, you may be able to hold them accountable and recover compensation on behalf of your loved one. However, you don’t have to face the nursing home’s insurance company alone—you can get help from a Dundalk nursing home choking injury attorney at our firm.
What Causes Choking in Nursing Homes?
According to the National Safety Council (NSC), food is one of the most common causes of choking injuries in the elderly. However, certain factors can increase the risk of a choking incident, like living alone. One of the reasons many elderly people don’t live alone is because they would be putting themselves at a greater risk for an injury, such as choking.
Instead of living alone, many elderly people live in nursing homes where they’re supervised to mitigate the risk of an injury. However, if a nursing home staff member is negligent, a resident may suffer a choking injury. Here are some examples of nursing home staff member negligence that could lead to a choking injury:
- Failing to recognize a resident isn’t using their dentures to chew when necessary
- Failing to tend to a resident who has problems chewing and/or swallowing food
- Failing to account for a resident’s digestive problems
- Neglecting to check potentially harmful side effects of a medication
- Neglecting to keep a resident properly hydrated
- Making an error in administering medication
- Giving a resident food that wasn’t properly prepared
- Not following protocol for a choking incident
Get in touch with a choking claims lawyer serving Dundalk, 410-547-0202 for a free case evaluation.
Is a Nursing Home Liable for a Choking Injury?
Since nursing homes are responsible for their staff and tending to and supervising residents, when a staff member fails to act responsibly, the nursing home may be held liable for any consequences.
So, if your loved one suffered harm due to a nursing home staff member’s negligent actions, the nursing home itself may be liable. You may be able to file a nursing home neglect claim or lawsuit against the nursing home.
How do You Prove a Nursing Home’s Liability?
It can be difficult to prove that a loved one suffered harm and that a nursing home employee was negligent. Proving these things requires showing evidence of harm and negligence and establishing several criteria of negligence.
The evidence you’ll have to show may include:
- Your loved one’s medical documentation
- A witness’ account of the incident
- A police report
- Security camera footage of the incident
- A medical expert’s explanation of your loved one’s damages
The criteria you’ll have to establish include that the nursing home failed in its responsibility, this failure resulted in the incident, and the incident led to damages.
With one of our firm’s Dundalk nursing home injury lawyers on your team, you won’t have to collect or show any evidence or establish the components of negligence yourself. Instead, your lawyer will take over these tasks for you.
Facing the Insurer
Insurance companies may try to diminish a claimant’s evidence and deny their client’s negligence and liability. This may happen more often with large insurance companies, like the ones representing nursing homes. If the insurer in your case tries any bad faith tactics on you, negotiating a fair settlement will be difficult.
Instead of trying to settle your case yourself, let a Dundalk nursing home choking lawyer from our firm do it for you. Your lawyer will be prepared for any tactics the insurer may use, and if the insurer isn’t willing to negotiate in good faith, your lawyer won’t hesitate to take them to court.
What Are the Damages in a Nursing Home Choking Case?
These damages can vary depending on the severity of a case. Typically, a claimant can seek financial damages for medical expenses and some non-financial damages for the victim’s injuries. In your case, you may be able to claim:
- Medical bills, including bills your loved one may have in the future due to their choking injury
- The costs of having to relocate your loved one to a new facility
- Your loved one’s pain and suffering and mental anguish
- Disability-related damages, such as a diminished quality of life after the incident
Wrongful Death Damages
If you lost a loved one due to a choking incident, recovering compensation may be the least of your concerns right now, but it may help you and your family recover. You may have the right to claim:
- The damages your loved one experienced, such as physical pain and medical bills
- Your loss of companionship
- Your family’s loss of emotional support
About Our Dundalk Nursing Home Choking Injury Lawyers
A Dundalk nursing home injury attorney from our firm can help you seek compensation on behalf of your loved one. We handle nursing home neglect and medical malpractice cases almost exclusively, so one of our attorneys is fully capable of taking your case on. Our team has received several recognitions, including a 10.0 rating from Avvo, and we have recovered millions of dollars for our clients.
We offer free case reviews and operate on a contingency basis, so you won’t pay us anything unless your lawyer recovers compensation for you. This should make hiring a lawyer affordable. After your case review with us, if you decide to hire one of our Dundalk nursing home choking lawyers, your lawyer will take over your entire case, so you’ll be able to focus on your loved one’s recovery.
By hiring your lawyer soon, you’ll help them meet the deadline for your case. If you want to file a nursing home neglect or abuse lawsuit, there’s a filing deadline, per Maryland Courts & Judicial Proceedings Code § 5-109.
Contact Our Law Firm Today
You don’t have to handle your loved one’s case and the insurer on your own. Instead, leave your case to a Dundalk nursing home attorney from our firm. Your lawyer will investigate your loved one’s incident, prove the nursing home’s liability for you, and recover compensation on behalf of you, your family, and your loved one.
During your free case review with a member of our team, we’ll tell you more about how a Dundalk nursing home choking injury attorney can help you. Contact Brown & Barron today for your free case review.
Contact Brown & Barron online today to schedule a free case review with a with a choking claims lawyer serving Dundalk.