By Dan Noll on March 28th, 2024 in Nursing Home Abuse
Illinois Nursing Home Abuse Lawyers Share Important Information on Liability in Nursing Home Choking Deaths in Springfield
For some residents of a nursing home, choking is one of the biggest risks to their well-being. Indeed, statistics reveal that choking is the fourth leading cause of accidental death in the United States. There are roughly 5,000 choking fatalities each year in the United States, with more than half (56%) occurring to people who were older than 74. When it comes to elderly victims of choking, food is almost always the cause, with health conditions such as dementia, Alzheimer’s disease, and Parkinson’s disease also playing a role. Given its prevalence and risk, nursing homes and long-term care facilities must protect residents from choking injuries or deaths. The failure to do this could result in liability in nursing home choking deaths in Springfield. If this happens to your loved one, the Illinois nursing home abuse lawyers at the Noll Law Office may be able to help.
Their compassionate and experienced legal team can help victims and their families investigate a case when nursing home choking causes personal injuries or wrongful death. Unlike other bodily injury law firms, the Noll Law Office handles cases in-house and through a dedicated lawyer – rather than referring a case out across the state to a new associate lawyer. This means that victims and their families can speak with an experienced lawyer in their community about their case as it progresses. To learn more about how the Illinois nursing home abuse and neglect lawyers at the Noll Law Office can help you, contact them today to schedule a FREE appointment by dialing (217) 414-8889.
Wrongful Death and Personal Injuries from Choking in a Nursing Home
It is well-known that choking can be deadly. Indeed, whether you are a young child, an elderly resident of a nursing home, or even an otherwise healthy adult, choking is very dangerous and potentially life-threatening. But in addition to causing the wrongful death of a resident, choking could also cause other serious personal injuries to a victim. These injuries include some of the following:
- Traumatic brain injuries – due to a deprivation of oxygen
- Throat injuries – if choking is caused by a foreign object in food, such as broken glass, unexpected animal bones, or other choking hazards in food
- Clogged breathing tubes or other breathing assistance devices
- Broken bones or lacerations from passing out and falling
- Other serious injuries and damage to a person’s airway, throat, stomach, mouth, or another part of his or her body due to choking.
Liability in Nursing Home Choking Deaths
Nursing homes, long-term care providers, rehabilitation centers, and other types of facilities have a duty to safeguard their residents. This duty requires them to exercise reasonable care in the treatment, supervision, and assistance with a resident’s daily needs. After all, this is why most families make the difficult decision to place a loved one in a nursing home in the first place.
Thus, residents who are at an increased risk for choking are generally owed a higher duty of care to guard against this known risk and danger for them, just how a resident who is a fall risk must be given extra precautions by a facility to prevent failing. That means that facilities must do proper and thorough admission screenings and assessments on all residents to determine their needs. It also means that facilities must hire, train, and regularly test/assess their staff members to ensure that they are able to recognize the signs of choking and provide first aid. This includes being able to perform CPR and the Heimlich maneuver, as well as being trained on how to use other devices that might be used in a choking or blocked airway situation.
Facilities that fail to properly care for residents and guard against choking may be negligent to victims and their families. Thus, an experienced Illinois nursing home abuse lawyer should be contacted to help investigate and determine liability in nursing home choking deaths in Springfield or throughout the state.
Damages for Choking Deaths or Injuries in Illinois
When a loved one is wrongfully killed due to a nursing home’s negligence, families may be entitled to compensation under Illinois law. This includes compensation for a victim’s conscious pain and suffering before passing away, as well as medical bills, loss of consortium (familial contact, relations, society, and friendship/guidance), funeral expenses, burial costs, and even punitive damages in rare but exceptional cases of negligence. Moreover, there are certain instances where a victim’s family nursing home abuse lawyer may also be compensated by statute.
In addition to the wrongful death of a loved one in a nursing home, victims who survive but are seriously injured may also be entitled to compensation for future pain and suffering. This is particularly true when a victim’s airway is blocked for a long period of time resulting in brain injuries from a lack of oxygen. Other injuries such as broken bones, airway injuries, or other damage may also be compensable under the law.
Call the Noll Law Office to Determine Liability in Nursing Home Choking Deaths in Springfield to Recover Compensation for You and Your Family
Although choking is a serious risk and a well-known risk, it is also something that nursing homes and other long-term care facilities must properly guard against. That means victims and their families may have legal rights under Illinois law to compensation for a loved one’s injuries or wrongful death caused by choking. Despite many cases being very obvious, some defense lawyers and insurance adjusters will still require victims to have to fight to determine liability in nursing home choking deaths in Springfield.
If this happens to you or a loved one, call the experienced Illinois nursing home abuse lawyers at the Noll Law Office for help. Their compassionate team can help fight back to protect your rights under Illinois law. Contact them today to schedule your free appointment.