Choking Claims
When you have an elderly family member residing in a nursing home, you expect them to be away from potentially risky situations. However, this may not be the case every time.
Every nursing home should have a caregiving team that is well prepared to provide any type of emergency treatment, as well as an adequate protocol to prevent accidents, such as choking. If your family member has suffered a choking injury that has affected their lives in different ways, our Bowie nursing home choking injury lawyer can help.
Work With a Nursing Home Choking Injury Attorney in Bowie
At Brown & Barron, we can help you find justice for your case. We can handle your case while you tend to your loved one.
Get in touch with a choking injury lawyer serving Bowie, (410) 547-0202 for a free case evaluation.
What Are Some of the Reasons for Choking in Nursing Homes?
Most accidents that may cause a choking injury are preventable if the nursing home’s staff is well prepared and act accordingly in case of the following circumstances:
- An elderly person can’t chew correctly: This may occur due to poor dentures, dry mouth, and the aftermath of a CVA (Cerebrovascular Accident).
- Someone lays down too promptly: Good digestion is essential in older people; therefore, it is important not to lay down in bed too soon after eating.
- Having trouble swallowing: Swallowing may be difficult for some older people as the muscles may be weakened or suffer some underlying condition.
- Some other causes: Other reasons for choking may be part of conditions related to neurological problems such as Parkinson’s disease, multiple sclerosis, a stroke, or other degenerative diseases.
How Can Choke Injuries May Be Prevented in a Nursing Home?
Every nursing home should count on special protocols and procedures in case a choke occurs among their elder residents. Also, every staff member should be well trained and prepared to give the appropriate care and aid to all the residents living in their facilities.
To prevent any choke injury from happening in nursing homes, their staff should be able to:
- Provide appropriate care during and after their mealtimes
- Identify signs of a choking incident
- Provide a correct diet to the resident seniors
- Perform CPR and other first-aid measures in case of a choke
- Have enough staff to assist every resident in the nursing home
What to Do in Case of a Choke Injury in a Nursing Home?
A choke injury may occur to anyone, even if the person is living in the best conditions. However, if you suspect there was a situation in which the choke injury was caused by abuse or negligence, you may be able to file a complaint or a lawsuit against the nursing home or a specific staff member.
Depending on the type of injury, you may file a complaint regarding abuse or negligence on your loved one and ask for compensation according to the severity of the consequences.
Most of the time, in these cases, you will need help from a professional nursing home choking injury lawyer who would assist you during your process and increase your chances of winning a lawsuit in court.
You Have a Limited Time To Take Legal Action
According to the statute of limitations in Maryland, you generally have up to three years to file a complaint in a case of nursing home abuse or negligence inflicted on your loved one. Sometimes, these types of negligence cases may be difficult to prove as the main victim may not be able to testify or directly accuse the defendant.
This is one of the reasons why you need to begin your case as soon as possible.
What Can You Expect as Compensation for a Choking Injury?
When you file and win a lawsuit, you may be entitled to ask for compensation for the damages that may have occurred to your loved one.
These damages may include:
- Economic damages: economic compensation may vary according to all the evidence provided and may or may not include payment for extra medical expenses or treatments.
- Non-economic damages: Although these are more complicated to prove, you may ask for compensation from a nursing home or staff member for psychological and emotional distress from the choking injury.
- Funeral expenses: if the choking injury is severe and causes a wrongful death, the family may be entitled to ask for reimbursement of funeral expenses.
Contact Brown & Barron online today to schedule a free case review with a with a choking injury lawyer serving Bowie.
How Can a Nursing Home Choking Injury Attorney Help You?
One of the most important things when you file a lawsuit or complaint against a nursing home is to prove their liability in the case. Some choking incidents are preventable, which means the nursing home should always be able to avoid this type of situation or avoid severe injuries.
An attorney can help you file a complaint against a nursing home or caregiving staff member for the following situations:
- Failing to provide adequate care to the senior resident
- Failing to prevent choking in an elderly resident
- An understaffed residency
- Inexperienced staff members
- Lack of attention to disabled residents.
- Not having appropriate protocols for choking incidents
- Some other reasons
Choking injuries may significantly impact the older population, which is why nursing homes should always have qualified staff and protocols to avoid these situations.
If you suspect the above situations caused a choking injury in your loved one, you can seek compensation from the responsible party.