Swallowing impairment including choking suffocation and dysphagia are one of the most common medical complication resulting from the negligent or wrongful care of the elderly in nursing homes and assisted living centers across the county. According to the CDC more than 500 individuals over the age of 65 die each year due to choking in nursing home and long term living facilities.
A large percentage of nursing home residents lack the capability to consume food without supervision or assistance. Unfortunately many assisted living center establishments fail to provide the necessary care required for patients who need assistance in the consumption of food. Under various state of federal laws employees and managers of nursing homes owe a duty to provide for the necessary daily care of disables and elderly residents who are not able to properly care for themselves. Liability against nursing homes can be established if the failure to provide for necessary care results in significant injury or harm to a victim
: The attorneys at our law firm are dedicated to protecting the rights of the elderly
who have suffered abuse, neglect, lack of medical care, and abandonment in nursing homes.
Wrongful Death Lawsuit Against Nursing Homes
: In certain jurisdiction in the United States family members of the deceased are eligible to file a wrongful death lawsuit against at fault parties.
Choking and Clogged Breathing Tubes
Choking or clogged breathing tubes often result in significant long term injuries. One of the most severe medical complications include the deprivation of oxygen to the brain often resulting in significant brain damage and fatalities. Nursing homes owe a duty to provide for monitoring of patients who are known to be at a heightened risk of choking due to a previous medical condition. Common medical ailments known to result in a high risk of choking and asphyxiation include
- Dementia and Alzheimer’s disorder
- Strokes and other neurological disorders
- Advanced age
- Certain types of cancer
: Certain steps can be taken to significantly reduce the threat of choking amongst the elderly. Some important measures aimed at reducing the threat of choking include the avoidance of certain foods like large pieces of meat and vegetables, constant monitoring during eating, not eating while lying down, instructing elderly resident to eat more slowly, providing for a suitable care plan, and providing for adequate staffing to make sure individuals with a high risk of choking are supervised not left alone while eating. In many instance nursing home staff fail to provide timely assistance to residents who are choking resulting in significantly more harm to the victim.
Duty to Care for Residents with Dysphagia
Dysphagia in a common condition amongst the elderly resulting in the inability to swallow, or a sensation that the food in hindered from flowing through the throat into the stomach. In many cases patients have such severe cases of dysphagia as to warrant the use of percutaneous endoscopic gastronomy (PEG) tube as the only save and viable means of nutritional intake. In many instance nursing home staff members fail to abide by the nutritional standards delineated by the residents medical doctors. Such failure can result in choking, lack of air intake, and death.
Definition of Elder Neglect and Abuse
: The term elder is used under the law for any individual who is over the age of 64 or is under the age of 65 by has physical or mental limitations that restrict his ability to carry our normal activities. Elder neglect is the failure of a person who has a duty to care for an elderly person to exercise the degree of care that a reasonable personal in a like position would exercise.
: If your loved one has suffered serious harm or has died due to a care providers inability provide proper care an assistance feel free to contact our elder abuse laws firm at (888) 649-7166
. All consultations regarding your legal matters are free of charge and confidential.
Elder Abuse Reporting Laws
Nursing Home Liability for Choking and Suffocation