Call The Rooth Law Firm today to discuss the details of your case at no cost or obligation.
ILLINOIS NURSING HOME ABUSE & PERSONAL INJURY LAWYER
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Helping Families After a Choking Injury
The Rooth Law Firm‘s Chicago nursing home choking lawyer represents victims of abuse and their families under a variety of circumstances, including those who have been injured or died as a result of a preventable choking incident. We are proud to protect and advocate for our clients by:
- Collecting evidence of the nature and severity of the injury, including medical records, expert opinions, and witness testimony
- Determining who is liable for the choking incident
- Negotiating for a fair settlement or taking your case to court at Cook County Law Division or another venue—it depends on the needs of your case
- Managing all legal tasks so you do not have to worry about them
- Providing advice and legal information so you can make the right decisions for yourself and your family
If you or a loved one has been injured in a choking accident while living in a long-term care facility, and if you suspect that negligent or malicious intent was involved, you may have a nursing home abuse claim. Contact The Rooth Law Firm today to discuss the details of your case during a free consultation.
Your Family Deserves Compensation for Nursing Home Abuse Injuries
Our Chicago attorney might be able to secure both economic and non-economic damages in your case:
- Economic damages include all financial losses, such as related medical expenses or the cost of relocating your loved one.
- Non-economic damages include all physical and emotional losses, such as the physical pain and emotional distress your loved one experienced as they were choking, as well as any lingering symptoms or problems.
If your loved one passed away because of a nursing home abuse incident, you could be entitled to damages for their suffering as well as your own. This may include:
- Funeral expenses
- Loss of financial support
- Loss of companionship
Choking is a frightening experience that can leave the victim in pain and feeling vulnerable. Financial compensation cannot entirely make up for that experience, but it can ensure that your family has the monetary support it needs to start moving forward.
ILLINOIS NURSING HOME ABUSE & PERSONAL INJURY LAWYER
It has survived not only five centuries, but also the leap into electronic typesetting, remaining essentially unchanged. It was popularised in the 1960s with the release of Letraset sheets containing.
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Why Are Choking Issues Prevalent Among Elderly Residents of Nursing Homes?
There are many reasons why elderly and disabled residents may have problems swallowing. Some of the most common disorders include:
- Neurological disorders – Neurological disorders such as Parkinson’s disease, muscular dystrophy, and multiple sclerosis may all affect the ability to swallow.
- Neurological damage – If a person has suffered spinal or brain injuries or a stroke, it may prevent the resident from swallowing normally.
- Cancer – There are types of cancer that may impede the resident’s ability to swallow. Radiation treatment may also play a role here.
- Alzheimer’s disease – Residents with Alzheimer’s may find it difficult to swallow and eat, especially in the later stages of the disease.
- Aging – Considering how many muscles and nerves it takes to swallow, it is not surprising that wear and tear on the throat muscles can make it hard for older residents to swallow.
While a choking injury may appear to be accidental, nursing homes can and should be held accountable for such incidents. If the choking occurred because the resident was not properly monitored, it is the fault of the nursing home and may constitute a nursing home abuse case.
The same goes for suffocation. Immobile or cognitively impaired residents and residents requiring supplemental oxygen need special assistance to ensure they do not get their heads stuck between bed rails or entangled in other restraining devices. Oxygen tubes must be kept free from obstructions, and residents who have had tracheotomies need care to prevent the tracheal tube from being accidentally pulled by the resident, other residents, or overwhelmed employees.
How Can Nursing Homes Prevent Choking Deaths?
When a person enters a nursing home, the facility is required to perform comprehensive assessments to determine their global physical, functional, and psychological needs and conditions. Based upon these assessments, a care plan, or treatment guide, is formulated in order to maintain the highest practicable level of health and function. Such care plans are required to be individually tailored to the specific resident and their risk factors.
This series of assessments should include an evaluation of any risk factors that may impair the resident’s swallowing, breathing, and chewing. In certain circumstances, the resident should be referred to a doctor or speech-language pathologist for a more thorough assessment to determine their ability to eat and drink. Oftentimes, a swallow study will be performed to ensure that the resident can safely swallow certain types of foods and liquids without increasing the risk of choking or aspiration.
After admission to the nursing home, the nursing staff is required to monitor and periodically reassess the resident for any changes in their abilities or behaviors, and adjust their care plan accordingly to prevent needless injury or wrongful death as a result of choking.
When Nursing Homes Fail to Prevent Fatal Choking Incidents
With proper precautions and diligent attention from staff, the risk of choking can be reduced considerably. Unfortunately, too many facilities are run by companies that care more about making money than resident welfare. These companies might understaff the home or skip critical steps like training staff and closely monitoring residents.
At The Rooth Law Firm, our Chicago nursing home choking lawyer understands that your family has just been through something terrible and unforgivable. Let us work to right this wrong on your behalf and see justice done.
The Sooner Our Chicago Nursing Home Choking Attorney Can Begin, the Better
The Rooth Law Firm has helped numerous clients throughout the Chicago area get the compensation they need after a preventable injury or death. If you or a loved one have suffered a preventable injury due to the negligence of another, call for a free case review today.
You can trust our nursing home choking lawyer in Chicago to give you the tools and legal representation to recover fair compensation. We offer a client-centered approach that ensures you are treated as an individual, not just a case number.
ILLINOIS NURSING HOME ABUSE & PERSONAL INJURY LAWYER
It has survived not only five centuries, but also the leap into electronic typesetting, remaining essentially unchanged. It was popularised in the 1960s with the release of Letraset sheets containing.
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Frequently Asked Questions
What Are the Signs of Choking?
All of the following are choking signs and behaviors:
- Coughing or gagging
- Hand signals and panic
- Sudden inability to talk
- Grabbing the throat with one or both hands
- Wheezing
- Passing out
You may also notice the person’s skin beginning to turn blue. This is called “cyanosis.” This blue coloring to the skin will be seen earliest around the face, lips, and fingernail beds.
Not all of these signs will be present when a nursing home resident chokes. For example, a resident with dementia may not initially realize they are choking or may not have the ability to cough or gag.
Can You Sue a Nursing Home for a Choking Incident?
Potentially, yes. It depends on who was responsible for keeping you or your loved one safe from harm. In many cases, this party is the nursing home or someone working there, which means that the home is responsible for the choking incident and should be made to pay damages.
How Do Choking Incidents Happen in Nursing Homes?
For many people living in a nursing facility, swallowing food or liquid may prove difficult. This means that nursing homes have to monitor or supervise the food intake of their residents. The risk of choking, possibly even death, increases when nursing homes fail to enforce diet restrictions or do not pay close attention to those residents who are susceptible to problems with choking.
How Long Do You Have to Sue a Nursing Home for Abuse in Illinois?
Under Illinois law, you have two years from the date of the incident or the date you learned about the incident to file your lawsuit. Once the deadline passes, it would be very difficult, if not impossible, for you to recover compensation.
This time can go by quickly when you are occupied with helping a loved one or mourning their unexpected loss. The earlier you contact The Rooth Law Firm, the faster we can start fighting for your rights.
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