Chicago Nursing Home Choking Lawyer

Compensation for Victims of Choking in Chicago Nursing Homes

A Chicago nursing home choking lawyer understands that these incidents in long-term care facilities are serious and often preventable. These events can occur for many reasons, and in some cases, legal action may be necessary.

Our legal team has decades of experience handling these claims and has recovered more than $450 million for injury victims. If you have questions, contact Rosenfeld Injury Lawyers today to schedule a free initial consultation.

Settlements Recovered by Our Chicago Law Firm

At Rosenfeld Injury Lawyers, we have successfully recovered significant compensation for families whose loved ones suffered harm or death due to choking incidents in nursing homes.

• $1,250,000 settlement for the wrongful death of a resident who choked due to inadequate supervision, resolved before trial.
• $675,000 awarded to the estate of a patient who passed away after choking during an unsupervised meal in a long-term care facility.

Why Are Nursing Home Residents at Risk for Choking?

Choking is a significant concern among elderly nursing home residents, and various medical and environmental factors can increase their risk. Understanding these factors can help families and caregivers identify potential issues and advocate for safer care.

• Dysphagia (Difficulty Swallowing): Many elderly individuals develop dysphagia due to aging or underlying medical conditions such as strokes or Parkinson’s disease. This makes it harder for them to chew and swallow food properly, increasing the chances of choking.
• Weakened Muscles: With age, the muscles involved in chewing and swallowing can weaken over time.
• Cognitive Impairment: Conditions like dementia and Alzheimer’s can affect a resident’s ability to recognize safe eating practices, such as chewing thoroughly or taking small bites, leading to serious injury related to choking.
• Improper Food Preparation: Serving food that isn’t properly cut, pureed, or adjusted to suit a resident’s dietary needs can present significant choking hazards.

Family members who suspect nursing home abuse or neglect led to choking injuries should seek legal guidance and schedule a free consultation as soon as possible.

Common Choking Hazards in Chicago Nursing Homes

Choking hazards in nursing homes can significantly endanger many nursing home residents. Some of these risks often include:

• Certain foods, like grapes, hot dogs, and popcorn, are common choking hazards.
• Pills, especially if there is a medication error and the patient isn’t used to taking that type of pill, can be a significant risk.
• Loose or poorly fitting dentures may dislodge and obstruct the airway.

Being vigilant about these potential dangers is an important part of ensuring a safer environment for all nursing home residents.

Preventing Choking Accidents

Choking incidents can be frightening and, in some cases, life-threatening. Below are some ways these incidents can be prevented.

Proper Food Preparation and Serving

Food should be cut into small pieces or pureed, and textures must be suitable for nursing home residents with chewing or swallowing issues. Staff supervision during mealtimes also ensures that any issues are addressed right away.

Assessing and Addressing Dysphagia

Many elderly residents experience difficulty swallowing, known as dysphagia. Evaluations by healthcare professionals can identify issues, and customized diets should be made to suit each nursing home patient’s situation. Adaptive utensils can also support safer and easier eating.

Staff Training and Education

Caregivers must be well-trained to prevent choking and to handle emergencies if they occur. Nursing home staff members should recognize potential hazards during meals and be familiar with first aid and choking response techniques, such as the Heimlich maneuver.

Facilities can take these actions to help create safer environments for nursing home patients and provide families with greater peace of mind.

Choking and Nursing Home Neglect

Nursing homes are entrusted with caring for individuals who may be particularly vulnerable due to age, medical conditions, or physical limitations. Unfortunately, negligence in these facilities can lead to serious health complications, such as choking incidents.

Duty of Care

All Illinois nursing homes have a legal obligation to provide a safe environment for their residents and to take reasonable steps to prevent harm. This includes protecting residents from foreseeable injuries, such as choking accidents.

Facilities must assess the individual needs of residents, particularly those with conditions like dysphagia, which makes swallowing difficult. Residents should also have the decision to refuse medical treatment if they wish, like taking pills.

Any nursing facilities that aren’t following state and federal regulations can be reported to the Illinois Department of Public Health (IDPH).

Breach of Duty

Choking incidents in Illinois nursing homes often result from failing to meet the standard of care that residents deserve. Negligence may occur in several ways:

• Failure to assess dysphagia
• Lack of supervision
• Improper food prep
• Untrained staff

Proving Negligence

For victims of nursing home neglect, pursuing a claim involves demonstrating specific legal elements.

• Duty of Care: Establishing that the Illinois nursing home had a responsibility to provide a safe environment for the resident.
• Breach of Duty: Showing that the nursing home failed to meet the expected standard of care. For instance, neglecting to properly supervise a resident during meals despite knowing they had difficulty swallowing.
• Causation: Proving a direct link between the Illinois nursing home’s actions and the choking incident. For example, because the resident wasn’t monitored properly, they then choked.
• Damages: Demonstrating the physical abuse and emotional and financial harm the incident caused the victim.

By holding negligent nursing homes accountable for their failures, victims can seek justice.

Seeking Compensation for Illinois Nursing Home Abuse and Neglect

Victims of nursing home neglect or nursing home abuse and their families may be entitled to damages. Below are some common types of damages that may be included in a successful Illinois nursing home abuse claim:

Types of Damages

Medical expenses

Pain and suffering

Emotional distress

Wrongful death damages

The Role of a Chicago Nursing Home Choking Lawyer

If you or a family member has experienced harm due to choking injuries in a nursing home, a lawyer specializing in these cases can provide essential support. Here’s how they can help you:

Investigating the Incident

A Chicago nursing home abuse lawyer will begin by thoroughly investigating the choking incident to understand what happened. This may involve gathering statements from witnesses and examining the nursing home’s protocol for resident care.

Gathering Evidence

To support your nursing home abuse claim, your Chicago nursing home abuse attorney will collect all necessary evidence, such as medical records, staff training records, and nursing home facility inspection reports.

This helps establish whether the nursing home in Cook County failed to provide proper care and if your loved one was injured as a result of nursing home abuse and neglect.

Establishing Negligence

Your nursing home abuse attorney will work to show that the nursing home staff members or the assisted living facility violated the standard of care expected in such an environment, directly causing the choking accident.

Negotiating with the Nursing Home and Insurance Companies

Many nursing home abuse cases are resolved before reaching trial, and your Chicago nursing home abuse lawyer will play a pivotal role in negotiating for you. Their goal is to make sure you get compensation for any medical costs for emotional and physical injuries as a result of nursing home abuse and neglect.

Filing a Nursing Home Abuse Lawsuit

If a fair settlement cannot be reached, your attorney will prepare to file a lawsuit and represent you in court. They will ensure the nursing home choking case is thoroughly organized and presented clearly.

Working with a nursing home abuse lawyer after suffering severe injuries in these cases is essential and will give you the best chance of obtaining the damages you deserve. Schedule a free case evaluation to discuss a potential elder abuse or neglect case.

Finding the Right Lawyer in Chicago

When searching for a nursing home abuse lawyer to handle a nursing home negligence case, it’s important to find someone with experience in this specific area of the law, as well as personal injury, medical malpractice, and wrongful death litigation. They can provide valuable insight into how these tragedies occur and identify where negligence may have played a role.

It’s just as important to choose someone who offers compassionate support during this emotional time. Look for an attorney who communicates clearly and takes the time to explain the legal process. Reach out for a free case evaluation.

Consult a Chicago Nursing Home Choking Attorney Near You!

If you or an elderly family member has suffered from nursing home neglect that led to a choking incident, don’t wait to seek help. Rosenfeld Injury Lawyers has decades of experience supporting victims and working to recover compensation for the harm caused by inadequate medical care.

Reach out to us today by calling our office at (888) 424-5757 or filling out our contact form for a free consultation. No matter what type of nursing home abuse and neglect you’re facing—choking incidents, sexual abuse, emotional abuse/mental abuse, financial abuse, or something else—we’re here for you.

Our downtown office, near the Richard J. Daley Center, Dirkson United States Courthouse, and the Chicago Workers’ Compensation Commission, offers convenient access from Aurora, Joliet, and Waukegan via I-90, I-94, and I-290.

Rosenfeld Injury Lawyers

225 W Wacker Dr #1660
Chicago, IL 60606
Phone: (847) 835-8895
Toll Free: (888) 424-5757

We also serve clients from Champaign, Naperville, Schaumburg , Springfield and throughout Illinois.

All content undergoes thorough legal review by experienced attorneys, including Jonathan Rosenfeld. With 25 years of experience in personal injury law and over 100 years of combined legal expertise within our team, we ensure that every article is legally accurate, compliant, and reflects current legal standards.