Reduced motor function is a normal part of the aging process. In nursing homes, staff must account for this reduced agency. If they fail to do so, nursing home residents can get hurt.
Some seniors need assistance with eating. Without this assistance, they are exposed to a myriad of risks, including choking. A choking injury can cause debilitating health conditions or death.
If your loved one recently suffered from a choking injury, a Germantown nursing home choking injury attorney could help. They may be able to link your loved one’s injury to care provider neglect.
Leading Risk Factors of Nursing Home Choking Injury
The risk of choking injury increases with age. In 2015, more than half of those who passed away from choking were over the age of 74.
These circumstances can increase choking risk in the elderly:
- Breathing tube issues
- Not eating slowly enough
- Side effects of prescribed medication
- Improper care provider supervision during meals
- Medication administration error
- Improper food preparation
- Medical conditions, like dysphasia, that make it harder to swallow
Nursing homes aren’t always responsible for choking incidents. However, they can take precautionary measures to mitigate risk. In the absence of these measures, seniors face a higher chance of choking. This form of negligence could indicate liability.
Get in touch with a choking injury lawyer serving Germantown, 410-547-0202 for a free case evaluation.
Who Is Liable in a Nursing Home Choking Injury Case?
Liability may be the most important factor in a legal case. Without it, you can’t successfully pursue damages.
There are three parties that can typically be held liable in a nursing home choking injury case:
- Nursing home: Nursing homes and their respective managers are responsible for fostering a healthy and safe environment. If their procedures are inadequate, seniors could experience unintentional injury, like choking.
- Employees: Nursing home employees are the face of the nursing home. They interact with nursing home residents daily. Negligence or lack of proper training could make an employee liable in a choking injury case.
- Third party: Medical and accessibility equipment are a necessary part of nursing home functions. While perhaps more reliable than humans, these devices can fail. Their failure could have resulted in the injury of your loved one. This could make a device manufacturer responsible.
Are you unsure of who to pursue in your choking injury case? Don’t worry. An attorney can cut through the fog of evidence to find the facts that matter. They can help you identify a liable party.
What Compensation Is Available for Victims of Nursing Home Choking Injury?
There’s no set value for a nursing home choking injury case. This is because each case is unique. Some involve serious injury and obvious neglect, whereas others are murkier.
The facts of your case will impact the potential compensation you could receive. This compensation is broken up into two types: economic and non-economic.
Economic damages include:
- Expenses related to finding new accommodations after the incident
- Medical expenses after the incident
- Other costs incurred by your case
Non-economic damages cover:
- Emotional trauma
- The loss of a loved one
The type of case you’re filing will affect what compensation limits apply to your case. Economic damages, which account for purely financial losses, are typically not limited in Maryland.
Non-economic damages have differing limits, depending on the type of case. All of these damages though have a “cap” in Maryland.
Choosing a Nursing Home Choking Injury Attorney from Brown & Barron
Nursing home choking injury cases are one of the focuses of our firm. We care deeply about the residents of Germantown and want to help them fight for justice.
These are a few benefits of choosing an attorney from our firm:
- We have over 130 combined years of legal experience.
- We offer free case evaluations.
- We work on contingency. You won’t need to pay a cent up front, and we don’t win unless you do.
- We’ve won millions of dollars for our clients.
While important, these facts don’t tell the entire story of Brown & Barron. Testimonials from our clients can help fill in the gaps. Read about what previous clients have said about our firm in their reviews:
- “I really appreciated the staff at Brown & Barron. All the legal assistants made me feel comfortable and at ease with a complicated legal problem.” – Debreana P.
- “I love the service that they gave. I love that they make sure everything is verbal and up front. They are the best law firm.” – Kierra B.
We can work to help you recover compensation after a nursing home choking injury. To do so, we provide these services to our clients:
- Gather evidence to assign liability
- Investigate the incident that led to your loved one’s injuries
- Offer compassionate legal support
- Act as your head of communications
- Help you fight for justice
Lawyers aren’t a legal requirement for choking injury cases. However, matters of the law can be confusing. That’s where our services come into play. We want to make your life easier.
Legal aid is one way you can support your elderly loved one as they recover from a choking injury. While you tend to their needs, we’ll focus on managing your case.
Nursing Home Choking Injury Cases Have a Deadline
Failing to comply with a nursing home choking injury deadline can have serious consequences. You may be left without legal grounds. Per Md. Cts. & Jud. Proc.
Code § 5-109, you have the sooner of either five years after your injury, or three years after the discovery of your injury, to file.
Nursing Home Choking Injuries Can Cause Medical Complications
Many nursing home choking injuries don’t end in a wrongful death. However, that doesn’t mean that they don’t have consequences.
A choking incident can lead to the victim suffering from these conditions and injuries:
- Esophageal damages
- Brain aneurysms
- Non-traumatic brain injuries (NTBIs)
- Heart trauma or cardiac arrest
These conditions can be life-altering. They may incur additional medical costs. With compensation from a settlement, you can help your loved one maintain a healthy standard of living.
We Have Nursing Home Choking Injury Lawyers
Let us represent you. We want to make sure that the residents of Germantown receive compassionate legal counsel. We’ll treat you and your loved one like a member of our family.
To get started, give Brown & Barron a call or use our online contact form.
Contact Brown & Barron online today to schedule a free case review with a with a choking injury lawyer serving Germantown.