In response to the Coronavirus or COVID-19, our law firm is constantly monitoring both the legal impact and community health guidelines. Keeping our clients and our employees healthy and safe is our top priority.
We are currently limiting in-person meetings and instead, offer phone and video conferencing support. We are closely monitoring court closures throughout Illinois and will be in touch should there be postponements or delays in your case.
Please call or email us if you have concerns. We are here for you. Be safe and be well!
During the COVID-19 crisis, our attorneys are working and available to discuss your case with you.
Schwartz Injury Law

312-535-4625

60 W. Randolph Street, Suite 300, Chicago, IL 60601

5 Convenient Locations - Available 24/7 - We can travel to you
Recent blog posts

Chicago nursing home wrongful death lawyersThe around-the-clock care offered by nursing homes and other long-term care facilities can be a literal lifeline for an elderly or disabled individual. Many nursing homes also provide medical care and services for people who are recovering from surgery or were otherwise hospitalized.

In some situations, a resident may be unable to breathe on his or her own. A breathing tube may be used in order to allow oxygen to flow directly to the resident’s lungs. Breathing tubes are often life-saving devices, but if one is used incorrectly, it can lead to a resident’s death.

Breathing Tube Injuries

In many cases, a breathing tube injury is the result of the breathing tube becoming clogged. If the tube is filled with saliva, phlegm, food, or another substance, the resident will not be able to breathe. Brain damage and eventually death can result from the lack of oxygen.

...

Continue Reading...

Chicago nursing home abuse attorneysWhen a family decides to place their loved one in the care of a nursing home, they assume that the staff will take every measure to protect and care for their loved one. Tragically, this is not always the cause. Sometimes, nursing homes are either negligent to their residents’ needs or they treat them cruelly.

Examples of Nursing Home Neglect

There have been countless instances of physical abuse, mental abuse, or sexual abuse against residents living in nursing homes. Nursing home residents have rights just like anyone else, and they deserve to be treated with respect and dignity. Because residents are often unable to fight for their own rights, they rely on concerned family members to do so on their behalf.

In addition to intentional mistreatment and abuse, nursing home neglect is also a serious problem which can lead to:

...

Continue Reading...

Chicago nursing home abuse attorneysThe statistics regarding nursing home abuse and neglect are extremely disheartening. In one study, nearly 25 percent of nursing home residents reported that they had suffered one or more incidents of physical abuse at the hands of nursing home staff. In addition to physical abuse, residents may be mocked, internationally frightened, and otherwise emotionally abused. Financial abuse, also called elder financial exploitation, is also a problem in many nursing homes. Even if nursing home staff do not intentionally harm residents, understaffed facilities and lack of appropriate staff training can lead residents to be dangerously neglected.

If you have a loved one in a nursing home, you may be especially concerned about their safety during this tumultuous time. Fortunately, there are some steps you can take to minimize your loved one’s changes of experiencing nursing home neglect or abuse.

Research Nursing Home Facilities Thoroughly

Oftentimes, a nursing home facility will look perfect on the outside but is actually quite inadequate on the inside. If you are considering placing a loved one in a nursing home, make sure to thoroughly research your options. Simply reading a brochure will not tell you everything you need to know about the facility. The Department of Veterans Affairs and Medicare issue ratings on the quality of nursing homes, but even these ratings may be skewed. The best way to find out about a nursing home facility is to visit the facility and talk to staff. If possible, it may also be a good idea to speak with other families with loved ones staying in the nursing home.

...

Continue Reading...

Illinois nursing home abuse lawyersMost of us do not enjoy thinking about a time when we will be unable to care for ourselves or live alone. However, aging is a part of life. Many people will need round-the-clock care as they get older and some of those people will find themselves in a nursing home. In fact, a recent study suggests that more than half of Americans will stay in a nursing home at some point in their lives.

A team of researchers at the RAND Center for the Study of Aging looked at data collected over 18 years in the Health and Retirement Study—a projected funded by the U.S. Social Security Administration and the National Institute on Aging. The team found that, for the first time, more than 50 percent of seniors will need care from a nursing home or assisted-living facility at least once during their lifetime. The study pointed out that most nursing home stays are likely to be short and financially manageable. Only about 5 percent of adults are expected to spend 1500 days or more in a nursing facility.

The findings suggest a much higher percentage of people needing nursing home care than previously estimated. The U.S. Department of Health and Human Services found that 35 percent of Americans will need nursing home care in their lives. Regardless of which number ultimately proves to be true, the reality is that millions of Americans will spend time in a nursing home, potentially putting them at risk for abuse and mistreatment.

...

Continue Reading...

Chicago nursing home injury attorneyThe 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.

...

Continue Reading...

Chicago nursing home injury attorneysMost nursing home residents live in a care facility because they have mental and physical health problems that significantly decrease their ability to care for themselves. Residents may need assistance with daily living tasks such as bathing, eating, and using the restroom, as well as help managing their medical conditions. Nursing home staff are expected to monitor residents’ health for signs of new or worsening medical conditions. Unfortunately, many nursing homes are dangerously understaffed and residents may not be as monitored as closely as they should be. One major concern for elderly and ill nursing home residents is a condition called sepsis.  

What Is Sepsis?

When a bacterium, virus, or other disease-causing pathogen enters an individual’s body, the body’s immune system immediately starts to attack the pathogen. The healthier a person’s immune system is, the more likely it is to fight off the pathogen before it can start spreading. However, when pathogens multiply faster than the immune system can fight them, an infection can develop. Some of the most common infections that nursing home residents suffer from include skin infections caused by wounds or bedsores, diabetic wound infections, vascular ulcers, respiratory infections, and urinary tract infections.

When the immune system targets these infections, it releases certain chemicals into the bloodstream. These chemicals can sometimes cause tissues and organs to become severely inflamed. This condition is called sepsis. If sepsis is not treated properly and promptly, it can lead to death.

...

Continue Reading...

Illinois nursing home abuse attorneysWhen most people consider nursing home neglect and abuse, they think of abuse and mistreatment at the hands of nursing home staff. However, this is not the only way that nursing home residents can be subject to verbal and physical harm. Sometimes, a nursing home resident can suffer severe maltreatment at the hands of another resident. Nursing home staff have a responsibility to supervise residents – especially residents who have a history of violent behavior. When a nursing home resident injures another resident, it is possible that the nursing home facility will be liable for the injuries.

Keeping Residents Safe From Other Residents

Alzheimer’s Disease, dementia, and other neurological conditions are common in nursing home residents. These diseases can make a resident confused and frightened. A resident who is typically a kind, nonviolent person may lash out at another resident in his or her confusion. Nursing home staff should carefully monitor residents and take every step possible to avoid resident confrontations. When nursing home staff fail to uphold their duty to properly supervise residents and a resident is harmed as a result, the staff or facility may be legally responsible for the damages caused.  The injured resident may be entitled to financial compensation for medical expenses incurred by the attack as well as compensation for physical pain and mental suffering.

Nursing Home Resident’s Death Ruled Homicide

Just recently, a 45-year-old man living in an Ohio nursing home died due to the shocking actions of another resident. The coroner has reported that the man’s death was caused by asphyxiation by smothering or strangulation. Another resident has been arrested on a preliminary murder charge for the man’s death.

...

Continue Reading...

Chicago nursing home abuse attorneysNursing home residents have a number of rights that are afforded to them by the Illinois Nursing Home Care Act, as well as other state and federal legislation. Nursing home staff members have both an ethical and a legal responsibility to treat nursing home residents with respect and to provide satisfactory medical care. Another provision contained in the Illinois Nursing Home Care Act is that nursing home residents should be free from “unreasonable restraint.” This includes both physical restraints and chemical restraints. If your loved one has been restrained through the use of unnecessary medication, he or she may be a victim of nursing home abuse or neglect.

When Can Restraints Be Used on a Nursing Home Resident?

Individuals living in a nursing home deserve to have as high a quality of life as possible. Their movements should never be restricted unless it is absolutely necessary. Both physical restraints like limb ties and chemical restraints like sedating medication should only be used if needed to protect the immediate safety of the resident. According to the law, nursing home residents should only be given medication such as antipsychotics and benzodiazepines if a medical condition necessitates it and the medication is prescribed by a physician. Unfortunately, many nursing homes administer sedating medications to residents who do not even have the condition the medication treats. They often do this in order to keep the residents docile and less likely to wander around.

Dangers of Giving Residents Unneeded Medication

Not only is it cruel to give nursing home residents sedating medication they do not need but it also puts the residents’ lives at risk. Antipsychotic medications are designed to treat mental conditions like schizophrenia but they also have a strong sedative effect. Nursing home staff frequently administer antipsychotic medications to residents to keep them sedated. Alarmingly, antipsychotic medications carry a “black box warning” which is the most serious type of warning issued by the U.S. Food and Drug Administration (FDA). The warning specifically cautions against administering antipsychotic medicine to elderly patients or those with dementia or Alzheimer’s disease. The drugs have been associated with an increased of risk among these groups.

...

Continue Reading...

Illinois nursing home injury attorneysFor a young, healthy person, falling down may only leave him or her with minor bruises. However, the older we get, the more serious falling is to our health. Nursing home residents are typically elderly or have disabilities that make them especially susceptible to injures during a fall. A fall that would only cause moderate pain in a 20-year-old could easily break the bones of an 80-year-old. When a nursing home resident experiences a preventable fall injury, it may be the nursing home staff who are to blame.

Falling Is a Major Concern in Nursing Homes

According to the Centers for Disease Control and Prevention (CDC), an estimated 1,800 residents lose their lives due to complications from nursing home falls each year. Falling can result in lacerations, broken bones, internal organ damage, traumatic brain injuries, and more. Even if a nursing home resident survives a bad fall, he or she can be left with terrible pain that significantly reduces his or her quality of life. Due to the frailty of nursing home residents, nursing home staff have an obligation to do everything possible to prevent fall injuries. Sadly, some nursing home workers do not take this obligation as seriously as they should.  

Determining Fault in a Nursing Home Fall Accident

Understandably, nursing homes cannot prevent every injury that occurs in a nursing home. However, the staff, owners, and managers of nursing home facilities do have a responsibility to reduce problems that can lead to residents falling. Objects that present a tripping hazard should not be left in hallways or residents’ rooms. Loose rugs should be taped down. Broken floorboards or other maintenance issues should be fixed swiftly and residents should not be allowed near the hazard until it is thoroughly resolved. If a liquid is spilled on the floor, it should be cleaned up immediately. Furthermore, safety aids like handrails, nonslip mats, and bathroom handles should be used throughout the facility.

...

Continue Reading...

Chicago nursing home abuse and neglect attorneysNursing home residents are often very frail and vulnerable. They may have severe physical handicaps or cognitive issues like dementia that leave them unable to care for themselves. These residents rely on nursing home staff for medical care as well as help them with daily living tasks like eating and showering.

You probably already know that nursing home workers have an ethical obligation to adequately fulfil their work duties and treat residents with compassion and respect. However, you may not realize that they also have a legal obligation to provide nursing home residents with quality care. There are several pieces of federal and state legislation that prohibit mistreatment of nursing home residents. One of the most important pieces of nursing home legislation in Illinois is the state’s Nursing Home Care Act.

Rights Afforded to Residents in the Illinois Nursing Home Care Act

The Nursing Home Care Act was adopted in Illinois after many people became concerned about the substandard level of care some nursing home residents were receiving. There were also reports of residents being severely mistreated and even abused. One of the most important components of Nursing Home Care Act is the residents’ “bill of rights.” These rights include:

...

Continue Reading...

Illinois nursing home neglect attorneysTragically, news stories involving nursing home abuse and neglect are not uncommon. It seems as if every week, there is another article describing the way nursing home staff mistreat the vulnerable residents in their care. According to one survey, a shocking 44 percent of nursing home residents reported that they had been abused at their facilities and 95 percent said that they had experienced neglect or seen other residents neglected. Even more disturbing, in another survey conducted of nursing home workers, more than 50 percent of nursing home staff admitted to neglecting or abusing residents within the prior year.

Staff members who neglect, mistreat, or abuse residents should be held accountable for their actions. If your loved one has suffered at the hands of nursing home staff, one way to hold the negligent party accountable is through a personal injury lawsuit.

Bedsores Must Be Treated Immediately

Decubitus ulcers, or bedsores, are painful wounds caused by unrelenting pressure on the skin. The first sign of a bedsore is often a red or purple discoloration on an area of the body which is exposed to long periods of pressure. If nursing home staff see evidence that a bedsore is developing, they should take immediate action to relieve pressure and watch for signs the wound is worsening. Bedsores that are not treated lead to open wounds which can quickly become extreme painful and dangerously infected. If the infection is not treated soon enough, it can spread to the blood or vital organs and cause death.

...

Continue Reading...

Chicago nursing home abuse attorneysWhen most think of nursing home neglect and abuse, they think of a resident who is being mistreated physically or emotionally. However, these are not the only types of abuse to which nursing home residents are vulnerable. Financial abuse or exploitation of individuals staying in a nursing home is sadly common. Nursing home residents, especially those who have cognitive issues caused by age or illness, can be easily taken advantage of by ill-meaning nursing home staff. If your loved one has suffered from financial exploitation in a nursing home facility, contact a nursing home abuse lawyer to learn about your legal options.

How Common is Financial Exploitation Among Elderly and Disabled Individuals?

Unfortunately, elderly people and those with mental and physical disabilities are often targets for financial exploitation. Anyone involved in the victim’s life may be a perpetrator of financial abuse including family members, caretakers, and even doctors and nurses. Elder financial abuse is more common than many people realize. According to a report from the National Adult Protective Services Association, one in 20 elderly adults have experienced some type of financial exploitation in the previous year. Adults who need help with daily living tasks like eating and bathing and those who have cognitive impairments are the most likely to be financially manipulated.

Examples of Financial Abuse in Nursing Homes

Even nursing home staff such as nurses and nurses’ aids can be perpetrators of financial abuse against vulnerable residents. A nursing home that is experiencing financial distress may overbill residents or bill them for services that the resident did not actually receive. Nursing home staff may deceive residents for personal gain by

...

Continue Reading...

Illinois nursing home neglect attorneysWhen a person has been able to move about freely his or her whole adult life, it can be extremely difficult to lose that independence after being admitted into a nursing home. Nursing home residents may wander around the nursing home and get into very dangerous situations. A resident who wanders to an unsupervised area of the nursing home could slip and fall, wander into kitchens containing hot stoves, be exposed to hazardous cleaning chemicals, and more. When a resident actually leaves the nursing home facility, this is called elopement. Some nursing home residents have been seriously injured or passed away after being exposed to the elements outside of a nursing home facility.

Residents with Alzheimer’s Disease and Dementia Are Especially at Risk

A great deal of nursing home residents suffer from cognitive diseases that affect their ability to understand what is going on around them. A person with advanced dementia may not understand that he or she is living in a nursing home for his or her own safety. The resident may attempt to “escape” the nursing home facility and go home. A fragile resident who goes outside may become lost or severely injured before nursing home staff even know they are gone.

There are many ways in which a wandering or eloping nursing home patient could be injured. He or she could slip and fall, or the resident could fall down unsecured stairs. If the resident leaves the facility, he or she could be hit by a car or become victim of a crime. Any of these injuries could leave the home itself liable for damages.

...

Continue Reading...

Illinois nursing home abuse attorneysIf you have a family member or a loved one residing in a nursing home or skilled nursing facility, you may have concerns about how he or she is being treated by the facility’s staff. Is your loved one getting enough food and water? Are medications being given at the right times and in the right dosages? Are staff members kind and caring? To allay such concerns, many families have installed surveillance cameras—sometimes called “granny cams”—in the rooms of their loved ones in nursing homes. Unfortunately, not everyone likes what the cameras show, as was the case for a North Carolina woman late last summer.

Surprising Footage

According to local news outlets, the woman installed a hidden camera inside a picture frame and placed the frame on a countertop in her mother’s room at a Cherryville, NC, nursing facility this past August. The woman was concerned that her mother was not being fed properly or checked in on often enough. Her mother is reportedly blind and has Alzheimer’s disease.

The woman, however, said she got the surprise of her life less than 24 hours after installing the camera. She said that footage revealed a nursing assistant yelling at her mother while changing her mother’s clothes. The assistant also reportedly moved the resident “violently” across the bed while changing her. The next day, the camera captured a similar incident involving a different employee.  

...

Continue Reading...

Chicago nursing home abuse attorneysNursing home neglect and abuse are sadly common in many nursing homes across the United States. Nursing homes are often badly understaffed or employ staff members who have not been properly trained for their job duties. Even worse, some nursing home staff intentionally take their frustrations out on residents. Many of these residents have physical and mental health problems that leave them unable to stand up for themselves. Residents instead must depend on concerned loved ones to advocate on their behalf.

Threatening or Intentionally Scaring Residents

Alzheimer’s Disease, dementia, and other illness that affect an individual’s ability to understand what is going on around them are prevalent in nursing homes. Unfortunately, these illnesses can turn a mild mannered, sweet grandmother or grandfather into someone who is hostile or downright mean. Properly trained staff members should know that when a resident with mental decline is rude or uncooperative, it is the illness speaking and such behavior is not reflective of the resident’s true nature. However, some nursing home workers instead respond combatively to residents who are simply afraid or confused. Threatening, intimidating, or yelling at a nursing home resident is just one example of unacceptable nursing home abuse.  

Ridiculing or Mocking a Resident

Nursing home residents are some of the most vulnerable people in our society. Sadly, some nursing home staff use this as an opportunity to bully residents instead of offering the compassionate care they should. In December 2018, a Snapchat video surfaced that showed Illinois nursing home workers mocking a 91 year-old nursing home resident who suffers from dementia. The two staff members were arrested and a lawsuit was brought against the facility for violating both the Health Insurance Portability and Accountability Act (HIPAA) and the Illinois Nursing Home Care Act. Signs that a loved one is being emotionally abused can include significant changes in the resident’s demeanor, childlike behaviors such as thumb sucking or rocking back and forth, and staff members refusing to let you be alone with your loved one.

...

Continue Reading...

Illinois nursing home medication mistakes attorneysA person would not be staying in a nursing home if he or she did not have physical or mental health issues that necessitate around-the-clock care. The majority of nursing home residents are on one or more medications in order to manage the symptoms caused by their health issues. When nursing home staff fail to give residents their medications on time or in the correct dosages, serious complications can result. In some cases, medication errors can even result in a resident’s death. If your loved one has suffered because a negligent nursing home facility failed to properly administer medication, you may have a valid personal injury claim.

Medication Mistakes Can Seriously Harm vulnerable Nursing Home Residents

While some minor medication errors may not cause the resident harm, other medication mistakes can cause severe damage. There are federal regulations that prohibit nursing home staff from making serious medication errors. Some of the most concerning nursing home medication-related mistakes include:

  • Giving the resident the wrong medication or mixing up two residents’ medications
  • Improperly administering the medication
  • Giving the resident medicine that is expired or spoiled
  • Administering too much or too little of a medication
  • Prescribing the wrong medication for the resident’s health concern

Why Do Medication Mistakes Occur?

A great deal of nursing homes and other long-term care facilities are understaffed. One recent study showed that a deplorable 75 percent of nursing homes do not have enough registered nurses. Working at a nursing home can be grueling work and many nursing home staff are compensated very little for their time and effort. Unfortunately, this means that many facilities have trouble maintaining enough staff to care for residents’ needs. However, this is not an excuse for a nursing home to provide substandard care. The Illinois Nursing Home Care Act obliges long-term care facilities to provide adequate medical treatment to residents. When a nursing home fails to uphold its duty to properly care for a resident, the facility may be legally responsible for the damages that result.

...

Continue Reading...

Illinois nursing home neglect attorneysA large number of nursing home residents cannot move around without help. They may be confined to a bed or wheelchair for long periods of time and unable to shift their weight to different parts of their bodies. When a body part experiences persistent pressure, pressure ulcers, also called bed sores, can develop. Nurses, nursing aids, and other nursing home staff members should take special precautions to prevent the development of bed sores in their patients. Unfortunately, some nursing home workers are not as vigilant about bed sores as they should be. When nursing home staff fail to follow procedures for stopping the development bed sores, it is the residents who end up suffering. Frequent bed sores may be a sign of nursing home neglect or abuse.

How Do Bed Sores Develop?

Decubitus ulcers, more commonly known as bed sores, are caused by prolonged periods of pressure on the skin. Bed sores often develop on a resident’s tailbone, hips, buttocks, shoulder blades, spine, backs of arms and legs, ankles, and heels. The first warning signals that bed sore is developing include changes in the resident’s skin color, temperature, texture, swelling, and tenderness. If these warning signs are present and nursing home staff do not reposition the resident to relieve the pressure to the affected areas, the bed sores will worsen. Untreated, bed sores can become deep, open wounds that are extremely painful and prone to infection.

Nursing Home Staff Have a Duty to Prevent and Treat Bed Sores

Patients who cannot advocate for themselves are at an especially high risk for bed sores. Many nursing home residents have cognitive issues such as dementia that leave them unable to effectively communicate. Nursing home staff should pay special attention to these residents and be watchful for signs of bed sores. They should be repositioning the residents at regular intervals, routinely checking for signs that a bed sore is developing, using pressure relieving devices such as special cushions, and ensuring that the resident is getting adequate water and nutrition.

...

Continue Reading...

Illinois nursing home abuse attorneysThe majority of people living in a nursing home must stay there because they have mental and/or physical ailments that make it impossible for them to live alone. Dementia, Alzheimer’s disease, and other illnesses that affect cognition are especially common in nursing home resident. These illnesses can sometimes cause a nursing home patient to become extremely confused or hostile.

In some cases, a resident may believe that nursing home staff or other residents are trying to hurt them so they act out aggressively. In order to keep residents from harming themselves, other residents, or nursing home staff, physical restraints are sometimes used. However, excessively using physical restraints to confine a nursing home resident can constitute nursing home abuse.

Common Types of Physical Restraints

Restraints are anything that restricts the movement of a nursing home resident. Examples of physical restraints include:

...

Continue Reading...

Illinois nursing home abuse attorneysAround the beginning of 2019, various news outlets reported on the horrific story out of Phoenix, Arizona, where a disabled nursing home patient had surprisingly given birth. The woman was allegedly raped by a licensed practical nurse who worked at the facility. The former nurse pleaded not guilty to sexual assault and abuse of a vulnerable adult, and he is currently awaiting trial.

Unfortunately, sexual abuse is not terribly uncommon in nursing homes around the United States. However, the perpetrators are not always employees or staff members. In some cases, residents have been sexually assaulted and abused by other residents of the home. When sexual assault is committed by another resident, criminal charges are possible, and the victim could seek compensation from the home itself for negligent supervision.

Florida Nursing Home Patient Arrested and Charged

According to a report by Florida Today, a female resident of a Palm Bay nursing facility was sexually assaulted by another resident in September. The woman was allegedly sleeping when she woke to find a 65-year-old male resident touching her inappropriately. She reportedly pulled the cord near her bed to let the home’s staff know that she needed help. When staff members entered the room, the man was still in the room and groping the female patient, arrest records indicate.

...

Continue Reading...

choking-swallowing-danger-nursing-home.jpgFor those who live in nursing homes and skilled nursing facilities, swallowing food is often difficult. There are many different conditions that could affect a person’s ability to swallow, including neurological disorders, cancer, and Alzheimer’s disease. Simply getting older can also wear down the muscles and nerves of the throat, making it hard for some elderly patients to swallow normally. Issues with swallowing dramatically increase the risk of choking, which means that nursing homes must take precautions to protect at-risk patients.

Not Just an Accident

For a healthy person, an incident of choking is usually just an accident. A piece of food may “go down the wrong way” or a person might be talking or doing something else while eating, which could lead to choking. For a resident of a nursing home, it is possible for a choking event to occur as an accident, but many cases are caused by a lack of proper monitoring. In short, the facility staff should have taken steps to prevent the resident from choking but failed to do so.

The Duty of the Nursing Home

Upon admission to a nursing facility, a new resident must undergo a series of assessments so that the staff understands the resident’s condition, along with his or her needs. The results of these assessments are used to create a care plan customized to address the resident’s specific risk factors.

...

Continue Reading...

Back to Top