As we age, the muscles in our throat and throughout the body become weak. Activities like chewing and swallowing food can become hazardous. Nursing homes must implement specific safety protocols to mitigate the risk of choking accidents among their residents. Not following these steps can be constituted as negligence.
When a nursing home resident is involved in a choking incident, they may suffer severe long-term damage and even death. If your parent or elderly relative was a choking victim in a nursing home, the Waldorf nursing home choking injury attorney at Brown & Barron can help you hold the negligent nursing home facility accountable for their wrongdoing.
Nursing Home Choking Injury in Waldorf Often Results from Negligence
The elderly suffer more choking accidents than children and infants. Most nursing home residents suffer from dysphagia, which is a condition that refers to difficulty in swallowing food or liquid. Several factors can cause dysphagia, including:
- Degenerative diseases: Parkinson’s disease, Alzheimer’s disease, and multiple sclerosis are just some conditions that increase the patient’s risk of developing dysphagia.
- Neurological damage: Stroke or spinal cord injuries can result in neurological damage, which may diminish the patient’s ability to swallow.
- Cancer: Certain types of cancer, such as those affecting the thyroid gland, larynx, throat, and salivary glands, can affect a person’s ability to swallow. Cancer patients may also develop dysphagia after radiation or chemotherapy.
Other variables that can increase the risk of choking among the elderly include:
- Dental problems: Missing teeth, oral disease, or poorly fitting dentures can make it difficult to chew food properly.
- Improper positions: Muscle weakness may prevent seniors from being able to sit up straight while eating or drinking.
- Unmodified food: Nursing home facility staff must mince, puree, or chop food to make it easier for residents to consume.
- Lack of saliva: Certain diseases and medications can induce dry mouth in residents. Without adequate saliva, it may be difficult to chew or swallow food.
Nursing home staff can prevent choking incidents by staying vigilant and following instructions. If a patient suffers from dysphagia, the doctor will make a note to the staff to modify the food into a texture that is easier to consume. They may also prescribe active supervision of the patient during mealtime. Furthermore, if a person does choke, the staff must be close enough to quickly intervene and implement the proper protocol to safely remove the stuck food particle before it causes significant injuries to the patient.
Some of the ways nursing homes may fail to uphold their duty of care to elderly patients and their loved ones include:
- Failure to monitor residents during mealtime
- Providing improper food, drinks, or medications
- Not providing patients with enough water to prevent dehydration
- Not monitoring or maintaining breathing and feeding tubes
- An understaffed facility and/or underpaid employees
If you suspect your elderly loved one’s choking injury was a resulted of nursing home abuse and neglect, our Waldorf attorney will be able to review your case and uncover the truth.
Get in touch with a choking injury lawyer serving Waldorf, 410-547-0202 for a free case evaluation.
Consult Our Waldorf Nursing Home Choking Lawyer to File a Nursing Home Negligence Lawsuit
If your loved one has passed away from a nursing home choking accident or has sustained brain damage or other injuries, know that you have the right to sue the nursing home facility and hold them accountable for the harm your loved one sustained.
A Waldorf nursing home negligence attorney will be able to obtain financial compensation from a nursing home facility that can be used to cover your loved one’s medical expenses, rehabilitation, prescription medication, and any other damages emanating from the injury.
If your loved one has died from a choking incident, we will be able to file a wrongful death lawsuit that can help you recover compensation for funeral expenses, medical bills, pain and suffering, and more.
Our attorney would be honored to discuss your legal options and inform you of your rights during a free consultation.
You Have Limited Time to Pursue a Nursing Home Choking Accident Lawsuit
Maryland gives a victim’s family member generally three years from the date of injury or three years from the death to file a civil lawsuit or wrongful death suit against negligent parties.
If you pursue a claim after the three-year time frame, the court may dismiss the case.
Our attorney will be able to review your loved one’s nursing home choking injury case and explain which statutes of limitations apply to your case.
Our Nursing Home Choking Injury Attorney Can Help Prove Negligence
In nursing home choking injury cases, multiple parties may hold liability. For example:
- The negligent staff who failed to provide proper care and supervision to your loved one
- The nursing home facility’s owner who engaged in negligent acts, such as not conducting background checks before hiring or not monitoring the performance of the staff
Our attorney will be able to review the facts of your loved one’s choking injury case to determine who was responsible for the nursing home neglect.
Furthermore, our attorney will gather sufficient evidence to prove the four elements of negligence:
- The defendant owed a duty of care to your senior loved one.
- The defendant breached their duty of care.
- The breach resulted in the nursing home choking injury or death.
- The incident resulted in compensable damages.
Our nursing home negligence attorney and legal team know the kind of evidence and arguments it takes to bring your loved one’s choking injury case to a beneficial outcome. We will be proud to advocate for justice and compensation for your loved one on your behalf.
Schedule a Free Consultation with Our Waldorf Nursing Home Abuse Attorney to Get Started
Losing a loved one or seeing them suffer devastating injuries from a preventable choking incident can be heartbreaking and traumatic. Our Brown & Barron team holds over 130 years of combined experience.
We are ready to investigate your loved one’s case, gather strong evidence, and negotiate with the liable parties until you receive the settlement to which you are entitled. We will represent you in court for a better settlement offer if necessary.
Call us or fill out this form to schedule a free case review with our attorney. We serve clients in Waldorf or anywhere in Maryland.
Contact Brown & Barron online today to schedule a free case review with a with a choking injury lawyer serving Waldorf.