Nursing Home Negligence Can Lead to Incidents of Residents Choking

 Posted on March 13, 2020 in Neglect

The majority of nursing home residents have physical and mental disabilities that affect their ability to live independently. Residents may be living in the facility primarily because they need help using the bathroom, showering, eating, and completing other daily living tasks. Nursing home staff members have a responsibility to evaluate the degree of assistance residents need to complete these tasks and to adequately provide the level of care needed. Because many residents have health conditions that affect their ability to eat, nursing home staff should be especially aware of choking risks. When nursing home staff do not take the steps necessary to prevent residents from choking, the facility could be held legally responsible for residents who are injured or killed in choking accidents.

Staff Have a Legal Duty to Monitor Residents

One of the biggest responsibilities nursing home staff have is to supervise residents so that they do not put themselves in dangerous situations. What constitutes a dangerous situation may vary depending on the resident’s individual needs. For example, a resident with advanced dementia may need to be more closely monitored than a resident who does not have significant cognitive impairment.

When a new resident is admitted to a nursing home, he or she undergoes assessments in order to determine the type and extent of care he or she needs. If a resident has health problems such as dysphagia that put him or her at a higher risk of choking, staff should take steps to mitigate this risk as much as possible. This may include monitoring the resident during meals, modifying the patient’s diet so that it only includes easy-to-swallow food, or other precautions. Nursing home staff should also periodically re-assess residents in order to determine if the residents need additional care and attention.

Nursing Home Lawsuits Involving Choking

If a nursing home resident is injured or dies as the result of a choking incident, the resident or his or her loved one may bring a lawsuit against the nursing home facility. Not every instance of choking is a result of nursing home negligence, but many are. If a nursing home facility is liable for a resident’s death or injury, the facility may be responsible for paying damages that could include medical bills, funeral and burial costs, and more.

Contact an Illinois Nursing Home Neglect Lawyer

If your loved one suffered from a choking accident while living in a nursing home, contact a Chicago nursing home injury attorney to learn about your legal options. Call Schwartz Injury Law at 312-535-5625 and schedule a free consultation today.

Source:

https://www.mayoclinic.org/diseases-conditions/dysphagia/symptoms-causes/syc-20372028