If your loved one suffered a choking episode in a nursing home, it is possible that they were not being properly assisted when eating. Finding out that your loved one choked could be a red flag, and may indicate that standards of care in your loved one’s nursing home are subpar. Your loved one could be entitled to compensation for the trauma of choking, and you could find out that they have been the victim of other instances of mistreatment. A Tampa choking lawyer may be able to investigate the quality of care in your loved one’s nursing home and help you bring any appropriate legal action.
Call the Law Offices of Anidjar & Levine today at 1-800-747-3733 for a free consultation about how we may help you and your loved one.
Your Loved One Deserves to Be Protected
The elderly are generally at risk of suffering health events. The National Institute on Aging (NIA) explains how the elderly population may be at a higher risk of:
- Loneliness
- Social isolation
- Depression
- Cognitive problems
- Heart disease
You may have limited control over your loved one’s socialization and general care, as the nursing home where your loved one is living may be responsible for these critical components of your loved one’s life. In addition to ensuring your loved one is being socialized, a nursing home could be responsible for your loved one’s safety while eating. This may require staffers to:
- Help your loved one cut up their food
- Feed your loved one
- Ensure that your loved one completes their feeding without choking
- Be prepared to respond quickly if your loved one does begin choking
If a nursing home fails to monitor your loved one while eating even once, then a choking episode could be the consequence. Unfortunately, understaffing in nursing homes is a widespread problem, as the Public Broadcasting Service (PBS) explains, and your loved one may not have received the care that they deserve.
Choking May Signal Institutional Neglect
Nursing homes that do not put resident safety first and foremost could put your loved one and other residents at risk. There are numerous failures that a nursing home may be guilty of when it comes to resident safety, and problems may stem from nursing home leadership.
Some failures that may compromise your loved one’s safety include:
- Lack of clear, concise instructions for consistent resident care, including feeding protocols
- Lack of thorough training for all new staffers
- Lack of disciplinary systems for staffers who do not follow procedures
- Lack of video monitoring of residents
- Lack of systems that allow residents to contact staffers at all times
- Failure to vet staffers properly before hiring
- Failure to maintain an adequate number of staffers at all time
If one or more failures by staffers, administrators, or nursing home owners led to your loved one choking, then you may have a case for compensation from responsible parties. Hiring a Tampa choking lawyer is one step you can take to determine whether your loved one was the victim of negligence and may be entitled to compensation as a result.
Call the Law Offices of Anidjar & Levine today at 1-800-747-3733 for a free consultation.
Your Lawyer Will Assign Responsibility for a Choking Incident
A lawyer may have an understanding of how liability for nursing home accidents generally falls and may have experience with choking accident cases specifically. Negligence could be the standard that your lawyer uses to determine liability for your loved one’s choking.
The American Bar Association (ABA) explains that a staffer, administrator, or other party does not have to intend to harm your loved one in order for them to be negligent. Your lawyer may make the case for negligence by:
- Showing that one or more parties owed your loved one a duty of care, which may translate to a duty to reasonably protect them from choking
- Proving that one or more parties violated their duty of care to your loved one by allowing them to choke
- Showing that someone’s breach of duty of care caused your loved one to choke
- Illustrating the losses that your loved one has suffered because of choking
Choking can be a life-threatening event. Whether your loved one passed away because of choking or survived, they or their loved ones may be entitled to compensation.
Potential Damages from a Choking Accident
You or your loved one may be entitled to a different set of damages depending on whether your loved one survived their choking accident or not. If your loved one passed away from a choking incident, then your family could be entitled to coverage for:
- The loss of comfort that your loved one provided
- Pain and suffering that your loved one and their surviving loved ones have experienced
- The cost of your loved one’s funeral
Whether your loved one survived or passed away, they or you could be entitled to additional compensation. Awards could cover the cost of your loved one’s stay at a nursing home where they choked, the cost of medical care required because of negligent care, and any other negative outcomes caused by a nursing home’s negligence.
A lawyer may complete the steps necessary to complete a lawsuit on behalf of you or your loved one. They will draft and file paperwork, calculate your losses, gather evidence, hire experts, negotiate a settlement, and fulfill other requirements necessary to complete the legal process.
Call the Law Offices of Anidjar & Levine Today
Your Tampa choking lawyer will defend your loved one’s rights if they have suffered a choking incident in a nursing home. Your loved one or you could be entitled to compensation for losses you have suffered because of a nursing home’s unacceptable standard of care.
Call the Law Offices of Anidjar & Levine today at 1-800-747-3733 for details about how we will go the extra mile in seeking justice for your loved one.
We Can Help.
