Georgia Nursing Home Choking Lawyer

Georgia Nursing Home Choking Attorney

If you or a loved one has suffered a choking incident at a nursing home due to negligence of staff and/or the facility, you may have the means to pursue legal action and receive not only justice for your situation but also compensation for your losses. A skilled Georgia nursing home choking lawyer from Pleasant Law, PLLC, can help you get started on your case and explore your legal options.

Common Causes of Choking in Nursing Homes

A choking incident in a nursing home setting can result from a variety and combination of situations, including medical conditions, improper care, and neglect. Understanding the common causes of choking can help prevent future incidents and also hold facilities accountable if negligence is involved. A nursing home abuse lawyer can assist in investigating the incident and pursuing legal action if negligence played a role in the choking event. Below are some of the most common reasons why choking can happen in nursing homes:

• Medical Conditions: Nursing home residents often have underlying health conditions that can increase their risk of choking. Dysphagia, which is difficulty with swallowing, is a common condition among elderly individuals who have neurological disorders like Parkinson’s disease, Alzheimer’s disease, or a stroke.Aging also weakens the muscles involved in chewing and swallowing which can make this more challenging as individuals age. Both dental problems and respiratory issues can also exacerbate choking hazards.
• Improper Food Preparation: If food is not prepared well, choking may be a more likely occurrence. Serving solid food to residents who require soft or pureed foods can cause cooking, or serving good pieces that are too large can have the same result.
• Lack of Supervision During Meals: If there are not enough staff members around to monitor residents during mealtimes when a resident does choke, they may not receive the immediate care needed. Even if there are enough staff present but they are not trained properly to identify choking hazards or know how to respond if choking occurs, it can lead to a severe situation.
• Medication Side Effects: Some medications can increase the likelihood of choking. Some medications cause dry mouth, drowsiness, confusion, or muscle relaxation, all of which can make adequate chewing and swallowing challenging.
• Cognitive Impairments: Some residents with dementia or other cognitive disorders may either forget to chew or eat too quickly, leading to accidents.
• Failure to Address Risk Factors: If warning signs like coughing during a meal are ignored, there may be difficulty swallowing, which leads to choking.

Key Signs of Negligence in a Choking Case

Negligence may be a cause of choking in a nursing home setting if the facility or its staff do not provide the necessary care or fail to follow the standard practices to prevent harm. Identifying negligence is key to holding the responsible parties accountable.

Inadequate monitoring can be a sign of neglect as this may show that residents were left unsupervised while eating, and particularly those with swallowing difficulties could have had choking incidents that could have been avoided if they had the proper supervision they needed during a meal. filing nursing home injury complaints can help ensure that the facility is held accountable for neglect and prevent further incidents from occurring.

If a resident suffers a missed diagnosis and then suffers a choking incident because of a condition like dysphagia, it can show that they are not receiving the standard of medical care needed to properly address their medical needs. Negligence can look like staff failing to act promptly when a resident is choking, and this can lead to a more serious, even life-threatening, situation. If you suspect negligence in a choking incident, it is vital to seek legal support as soon as possible.

FAQs

How Can a Lawyer Help in a Choking Case?

A lawyer can help in a choking case in a variety of ways. A lawyer can investigate the incident to help determine if negligence was the cause of the choking incident. They can gather key evidence needed for a successful case, including medical records, staff training logs, and witness testimonies. They can represent their clients in both negotiations with the nursing home’s legal team or insurance company and in court if needed. In Georgia, a lawyer can ensure that the legal process is followed correctly to seek justice for the victim.

Can a Nursing Home Be Held Liable for Choking Incidents?

Yes, a nursing home can be held liable for choking incidents if negligence, inadequate care, or violations of care standards contributed to the incident. The facility has a legal duty and obligation to give its residents a safe environment and meet their medical and dietary needs. If they fail to do this, they can be held liable for incidents like choking.

What Should I Do When My Loved One Chokes in a Nursing Home?

If your loved one chokes in a nursing home setting, it is vital that you take immediate and appropriate action to safeguard their health and well-being, as well as attempt to hold the nursing home accountable if negligence played a role in the incident. The first step is to seek immediate emergency medical attention, and if the situation is severe, see that they are taken to the hospital for further evaluations and treatment.

What Type of Compensation Can You Get in a Choking Case?

If a choking incident happens in a nursing home because of negligence, there are several types of compensation an individual can pursue, including economic, non-economic, and punitive damages. Economic damages are the measurable financial losses resulting from the incident, including medical and relocation costs. Non-economic damages are the intangible, emotional, and psychological losses suffered, and punitive damages can further punish the facility.

How Much Is a Nursing Home Choking Lawyer?

How much a nursing home choking lawyer may cost depends on various contributing factors, which can be unique to each case, such as the lawyer’s experience level, the complexity of the case, the jurisdiction, the lawyer’s fee structure, and the time needed to complete case work. It is essential to discuss your lawyer’s fee structure during an initial meeting to understand your financial obligations so you can be prepared for the financial costs of your case.

Get Legal Consultation for Nursing Home Choking Cases

Do not wait to receive the legal support that you deserve after you or a loved one has suffered a choking incident due to the negligence of others. Reach out today to the nursing home choking lawyers at Pleasant Law, PLLC, to set up an initial consultation and learn what your legal options are to receive justice and compensation for your situation.