When Are Choking Deaths Preventable in Nursing Homes?

 Posted on May 27, 2025 in Neglect

The thought of a nursing home resident choking to death is horrifying to imagine. For many people with elderly loved ones in care facilities, it is a common nightmare scenario. In many cases, these fatal accidents are entirely preventable. Simple acts of negligence and carelessness can result in choking incidents that, if not addressed quickly, can lead to death. If your loved one has suffered injury or death as a result of a choking accident at a care facility, an Illinois nursing home injury attorney can advocate for you.

Nursing homes should be held accountable for any harm caused by negligence. At Schwartz Injury Law, we can help you take legal action by filing a personal injury claim against the facility. We have successfully fought and won for clients across numerous cases, including a $410,000 settlement for a case involving a man with dementia who choked to death.

Causes of Choking Deaths in Nursing Homes

Every nursing home resident has different health needs and a unique medical history. Sometimes, these pre-existing health conditions can come with an increased risk of choking. However, this does not absolve the nursing home of responsibility. Common underlying causes of choking deaths in nursing homes include:

• Errors in administering medication, resulting in an impaired ability to chew or swallow food

• Infections that can inhibit a nursing home resident’s physical or mental functioning

• Neurological disorders that make it difficult for a nursing home resident to eat on their own

It is important to understand that choking accidents rarely happen "for no reason." If you have any reason to feel suspicious about a choking incident involving your loved one, our attorneys can investigate the nursing home to look for evidence of negligence.

How Inattention Leads to Choking Deaths in Nursing Homes

Oftentimes, the cause behind a choking death in a nursing home can be traced back to simple inattention. During meal times, nursing home staff should be keeping a close eye on the residents – especially high-risk individuals – to prevent choking accidents from happening. Even if a nurse manages to successfully perform the Heimlich maneuver, the temporary loss of oxygen and the physical strain caused by choking can still leave a resident in a fragile state of health. In some cases, the complications caused by a choking accident may result in death.

If nursing home staff are not properly trained or told of the warning signs to look out for, their lack of attention can have disastrous consequences. At Schwartz Injury Law, we can review the nursing home’s procedures to prevent choking accidents, if there were any plans in place at all.

Dietary Neglect Can Lead to Choking Deaths

As previously mentioned, every nursing home resident has individual health needs. As such, the meals served at elder care facilities should reflect those needs, rather than trying to apply a one-size-fits-all approach for all of the residents.

Fragility is a natural consequence of aging. Some elderly people may struggle with tougher, hard foods and may require a diet of soft foods only. Other residents may be able to handle solid foods as long as the portions are cut up beforehand.

Oftentimes, a resident’s individual health needs are outlined in a care plan that should be rigorously observed by the staff. At Schwartz Injury Law, we review the meals served at the nursing home to see if the residents’ needs were being met.

The Problems With Understaffing in Nursing Homes

Understaffed nursing homes are a nationwide problem. Many nursing home injuries, including some choking incidents, can be traced back to a lack of resources at the care facility. When there is not enough staff to adequately look after the entire facility, it is inevitable that some people will suffer for it. One employee may be responsible for the welfare of several residents, leading to the kinds of accidents detailed above.

While understaffing can serve as an explanation for choking accidents, it is by no means a justification. In fact, some nursing homes will even go so far as to cover up staff shortages by hiding their information from the public, portraying themselves as more capable than they really are. At Schwartz Injury Law, we can help identify irresponsible practices in elder care and cite them as evidence in a personal injury claim.

Evidence of Nursing Home Negligence in Choking Deaths

If you want to take legal action against a nursing home for a choking accident resulting in injury or death, you will need to back up your claim with evidence. This is a difficult process, and you may face significant resistance from upper management and other staff members if you try to investigate the nursing facility on your own.

At Schwartz Injury Law, we are more than ready to search for evidence on your behalf. We can handle the investigation for you, gathering all of the available information to build a case. We can take witness statements, obtain a resident’s medical records, and look for video footage of the choking incident to understand how the accident occurred.

Filing a Wrongful Death Claim for a Choking Death

Losing a loved one to a choking accident can come with strong feelings of grief and anger. Make no mistake – you deserve justice for your loss. In Illinois, the personal representative of a deceased person can file a wrongful death claim on behalf of the surviving next of kin. This claim must be filed within two years of your loved one’s death, but the time limit may be extended if you can prove that the nursing home fraudulently concealed the cause of death.

At Schwartz Injury Law, we can represent you in a wrongful death claim to compensate you for the cost of funeral expenses, medical bills, and your personal grief. If the nursing home does not agree to a fair settlement, our attorneys have the trial experience necessary to litigate your claim in court.

Contact a Chicago, IL Nursing Home Injury Attorney Today

At Schwartz Injury Law, we offer compassionate legal services to injured nursing home residents and their families. To schedule a free consultation with one of our Cook County, IL nursing home neglect lawyers, call our offices at 312-535-4625.