Can Choking Negligence Lead to Serious Nursing Home Injuries?

 Posted on November 08, 2023 in Nursing Home Abuse

Nursing homes have a legal and ethical responsibility to provide a safe and secure environment for their residents. Instances of choking negligence can lead to severe injuries and constitute a significant number of nursing home abuse and neglect cases. If you have a loved one in a nursing home and they have suffered from episodes of choking, negligence may be the cause. In such cases, contacting a lawyer is likely a wise decision, as getting in front of the issue can ensure that measures are taken to prevent such situations from occurring in the future. 

Responsibility for Resident Safety

As prescribed by Illinois law, nursing homes are legally required to have a duty of care towards their residents, which includes ensuring their safety and well-being. This responsibility extends to preventing choking incidents by implementing proper protocols, staff training, and proper supervision. Negligence occurs when a nursing home fails to fulfill this duty, leading to preventable choking incidents that result in serious injuries. 

Choking Hazards in Nursing Homes

Nursing home residents may be particularly vulnerable to choking due to various factors, including age-related physical and cognitive impairments, medication side effects, and dietary restrictions. Common choking hazards in nursing homes include improperly prepared or cut food, lack of supervision during mealtimes, and failure to address residents’ specific dietary needs. Negligence in addressing these hazards can have catastrophic consequences for residents. 

Legal Implications and Liability

When a nursing home fails to prevent choking incidents due to negligence, it may be held legally liable for the resulting injuries. The legal basis for such claims typically falls under the umbrella of negligence or medical malpractice. To establish liability, it must be demonstrated that the nursing home breached its duty of care by failing to take reasonable measures to prevent choking incidents and that this breach directly caused the resident’s injuries.

Seeking Legal Recourse 

Suppose a loved one has suffered a choking-related injury due to nursing home negligence. In that case, it is essential to consult with an experienced lawyer who works in cases involving nursing home abuse and neglect. Your attorney will help you evaluate the situation, gather sufficient evidence, and pursue legal action to hold the nursing home accountable for its negligence. 

Contact a Chicago, IL Nursing Home Abuse and Neglect Attorney

Knowing that your loved one is not being properly looked after in their nursing home can be a very distressing feeling. Luckily, there are steps you can take to provide yourself and your loved one the peace of mind to pursue legal solutions to this problem. For representation, contact the skilled Cook County, IL nursing home abuse and neglect lawyers with Schwartz Injury Law. Call 312-535-4625 for a free consultation.