Injuries happen every day in nursing homes. One of the less common—but more severe—injuries that can occur in a nursing home involves choking. In serious cases, a choking injury could be fatal.
Most choking incidents are entirely preventable when nursing home staff take the proper safety precautions. When a facility is understaffed or employees lack the proper training, these preventable incidents can have devastating consequences. Let a Rockville nursing home choking injury attorney advise you on your loved one’s rights in these situations.
What Compensation Is Available for Choking Injuries in Nursing Homes?
If negligence is to blame for our loved one’s choking incident, they could be entitled to different forms of financial compensation. Some of that compensation could include:
Your loved one could face additional medical bills for the treatment related to the choking incident. Depending on the severity of their injuries, these bills could be costly. Given that choking injuries can lead to asphyxiation, long-term medical needs could be significant. A civil lawsuit could provide compensation for the cost of this care.
It is understandable if you are no longer comfortable with your loved one remaining in the same facility where the choking injury occurred. However, relocation can be costly. Thankfully, the cost of relocating could be covered by a successful personal injury lawsuit.
Pain and Suffering
Choking injuries have the potential to cause significant physical pain. Like the other consequences of a choking injury, the pain and suffering could result in compensation for your loved one.
Get in touch with a choking injury lawyer serving Rockville, 410-547-0202 for a free case evaluation.
The Time to File a Nursing Home Choking Injury Lawsuit is Limited
There is a deadline that your loved one must comply with when they file a choking injury lawsuit. This deadline is commonly known as the statute of limitations. If they file their lawsuit after the deadline expires, they could lose the opportunity to recover financial compensation.
In Rockville, the statute of limitations is found in Maryland Courts & Judicial Proceedings Code § 5-109. This statute places a time limit of five years from the time of the injury or three years from the discovery of hte injury, whichever is sooner.
The failure to file a lawsuit within this timeframe can have catastrophic consequences. Even if the case for negligence is strong, your loved one could miss out on compensation if the statute of limitations expires. This not only affects their ability to file a lawsuit, but also the possibility of settling the case.
Preventing Choking in a Nursing Home
There are several strategies that nurses can use to prevent choking in a nursing home. Taking these steps could prevent the unnecessary loss of life for nursing home residents. When poor hiring choices or inadequate training prevents these steps from being taken, it could result in a viable negligence claim against the facility. These steps include:
- Keeping track of food. Every meal plan should cater to the resident’s needs, especially for those at high risk of choking.
- Ensuring food is easy to swallow. For some residents, it may be necessary to puree or cut up food into easily swallowed bites.
- Supervision. Nursing home staff should observe residents while eating and watch for signs of choking.
- Thickening food. In some cases, it could be necessary to make food easier to swallow by adding thickening agents.
- Ensuring slow eating. Eating too fast is a common cause of choking. Ensuring that residents slow down could prevent choking.
When nursing home staff takes these important steps, avoiding choking injuries is often possible. The failure to follow these guidelines could have serious or even fatal results. In those cases, a civil lawsuit could be warranted.
What Are the Next Steps After a Choking Injury in a Nursing Home?
If your loved one experienced a choking injury in their nursing home and survived, there are many steps to take to ensure their health and seek compensation on their behalf.
The most important step is to ensure that they have the medical care they need.
Once their medical needs are addressed, it is important to consider whether their current facility is the best fit for them. If you are concerned that negligence played a part in your loved one’s choking injuries, relocating them to a new facility could be in their best interest. If their injuries require a higher level of care, moving to a different facility that can provide that care might be necessary.
Consider Hiring a Rockville Choking Injury Lawyer
It is also important to protect your loved one’s legal rights following a choking incident. If their injuries resulted from a mistake on behalf of the nursing home or its staff, legal action might be warranted. The next step in the process to consider involves speaking with a Rockville nursing home choking injury lawyer.
There are many attorneys in Rockville, but not all of them are suited to take on your loved one’s nursing home choking injury case. It could benefit your loved one to seek legal counsel that understands these cases and has a strong record of holding negligent nursing homes accountable.
Your Loved One Could Recover Compensation Due to Their Nursing Home Choking Injury
A choking injury can be a traumatic experience for anyone, and it could take time for your loved one to recover. This recovery goes beyond their physical injuries, and the emotional trauma could follow them for years. The good news is that a civil lawsuit may allow you to hold a negligent nursing facility accountable for a choking injury.
If you are dealing with the aftermath of a choking injury in a nursing facility, you could benefit from legal counsel. The attorneys of Brown & Barron are ready to ensure your loved one is treated fairly. Reach out for a free consultation to learn how a Rockville nursing home choking injury attorney can help you today.
Contact Brown & Barron online today to schedule a free case review with a with a choking injury lawyer serving Rockville.