Medical issues or reliance on some drugs cause older people to have trouble swallowing. These factors make them more likely to choke. The NSC’s Injury Facts show that in the US, 1.6 out of every 100,000 people die from choking.
People who work in nursing homes need to be swift and careful when they care for the elderly. You should look at every part of the choking incident, including the time and date and the testimony of the witnesses. Staff should respond right away to the event and then make efforts to fix the problem. The response given following the incident will influence the determination of accountability.
If your loved one suffered a choking incident resulting from neglectful actions in a nursing home, you have the right to hire a nursing home choking accident lawyer before pursuing compensation from the party at fault.
Let’s find out what legal steps to take after a choking incident in a nursing home.
Documenting the Incident
Whenever a choking incident occurs, it is important to meticulously and promptly document such an event. Recording when and where the incident occurred is necessary.
Write the resident’s name and the witnesses present. Describe what the resident was eating, actions taken by the resident’s staff, and any response by medical personnel.
Remain objective and do not make assumptions. Record the vital sign readings, what was done, and what the condition was after those actions.
If the nursing home has an incident report form, use it and abide by their reporting procedures.
This documentation is to give clarity as to what happened and to provide an indispensable record for future reference.
Notifying Appropriate Authorities
Following documentation, the incident should be reported to the relevant authorities.
It is important that the choking incident is reported promptly to the nursing home management. They would need to know what happened to initiate any required measures for the residents’ safety.
Report to the local health department, as they may need to conduct further investigations. Emergency services must be called immediately if it concerns any injury or unless the incident is grave and calls for immediate medical attention.
A healthcare professional specializing in long-term care in the respective state can also be called to provide guidance and an additional layer of advocacy for the residents.
The timely notification will help protect the victim. Your report will also help the nursing home comply with legal and regulatory requirements.
Reviewing Nursing Home Policies and Procedures
Preserve the safety of residents by undertaking a review of the choking and emergency response policies and procedures at the nursing home.
Look first to see if there are any training sessions for staff to recognize choking signs and initiate rescues. Check if the facility has protocols to follow up on reported incidents.
Look to see if there are procedures related to food preparation and serving that could decrease hazard potential. The nursing home should have regular drills for emergency responses.
Review if there is a documented process for compiling incidents for cause analysis.
Exploring Potential Negligence Claims
If you suspect that carelessness at a nursing facility caused the choking, look into the different ways you could file a lawsuit.
Start by gathering the proof that backs up your assertion. Medical records, incident reports, and statements of witnesses can constitute your proof. Abuse or neglect, inadequate supervision, feeding errors, and poor care standards all serve as forms of evidence. Document this information as much as possible; the finer details may be of assistance in your case.
Find out whether the staff received proper training in emergency response and whether the nursing home followed industry standards. Any deviation from these standards may indicate actual negligence.
Seeking Legal Representation and Support
Legal representation is important for determining possible legal remedies after a choking incident that occurred in the nursing home.
An expert will help you understand your rights and the applicable laws. They will assist in gathering evidence, pinpointing who the responsible party is, and filing claims.
When engaging a lawyer representing you, it must be one with a specialization in nursing home neglect. Don’t be scared to ask any lawyer you’re thinking about hiring about their experience or how they do their job.
You may focus entirely on your loved one’s recovery and put their safety and dignity first if you get the correct legal support. If you want to get justice and make people pay for what they did, you need to get legal counsel.
