Determining Liability After a Choking Incident in a Nursing Home
Losing someone you love is always devastating. When the death was preventable, however, it is often even more difficult for family members to move on. When a death occurs in a facility that has been trusted with caring for residents, such as nursing homes, the death is even more overwhelming. Choking is one type of wrongful death that occurs in nursing homes.
Choking does become a greater risk as people age due to changes in the body, including drier mouths and fewer teeth that make it difficult to break food down. Nursing homes have a legal obligation to supervise residents while they are eating so choking does not occur.
Why Does Choking Occur in Nursing Homes?
Choking in nursing homes is largely preventable, but it requires staff members to properly care for residents and to pay attention, particularly while they are eating. Some of the most common causes of choking in nursing homes are as follows:
- Inadequate assessments of a resident’s risk of choking upon admission,
- Improper food preparation, such as failing to provide pureed or soft foods to residents who have difficulty chewing,
- Improper feeding tube management, such as failing to clean the machines or properly monitor them
Determining Liability for Choking in Nursing Homes
If your loved one suffered injury or passed away due to a choking incident in a nursing home, you may have legal options. Your first option is to file a lawsuit against the negligent staff member who allowed the choking to occur. For example, if a cook in the facility failed to prepare food properly to prevent choking, you may be able to file a lawsuit against them.
Your second option for filing a claim may be against the facility. If you can show that the nursing home acted negligently and this contributed to the choking incident, they may be obligated to pay damages. Negligent hiring practices, failing to properly train staff on how to prevent choking, and failing to train staff members on emergency life-saving measures are just a few acts of negligence that can result in nursing homes being liable for choking incidents.
Evidence in Nursing Home Choking Cases
The liable party in any nursing home abuse case will argue the different claims you make. To refute these arguments, you need strong evidence. Some of the best types of evidence in nursing home abuse claims include:
- Video surveillance footage of the choking incident,
- Medical records of the resident that documents the choking injuries,
- An autopsy report outlining the cause of death, if your family member passed away, and
- Testimony from eyewitnesses who saw the choking.
Our Lack of Care Attorney in Tampa Can Prove Your Case
At Kohn Law, our Tampa lack of care attorney understands devastating choking injuries. We also know the important evidence to your claim and will help you collect it to prove your case. Call us now at 813-428-8504 or chat with us online to schedule a consultation and to learn more about how we can help your family.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0400-0499/0400/0400.html
