Proving Liability for Nursing Home Choking Deaths in Santa Fe

Nursing homes are entrusted with providing care and protecting the safety of some of our most vulnerable populations. Unfortunately, not all nursing homes meet the standards of acceptable care. Negligence in these facilities can lead to tragic outcomes, such as choking deaths.

Below, our experienced nursing home abuse lawyers in Santa Fe look at the causes of choking deaths in nursing homes. We also explain when a nursing home may be liable and evidence that can help to prove it.

Seeking legal help for a nursing home injury? Call our trusted law firm today: 505-677-7777

Understanding Nursing Home Liability

Nursing homes have a legal and ethical obligation to provide a standard of care that ensures the safety and well-being of their residents. If a breach of this legal standard causes physical or fatal harm to a resident, the facility may be liable.

To determine liability for a choking death, your attorney will examine these and other key factors:

Standard of Care:

Nursing homes must adhere to established protocols and implement measures to prevent choking in at-risk residents during meals. Here are some of the key steps required:

• Conduct thorough swallowing assessments for each resident
• Provide modified diets (e.g., pureed, soft) based on individual needs
• Ensure proper positioning during meals (upright, chin tucked)
• Train staff on choking prevention and emergency response
• Supervise at-risk residents closely during mealtimes
• Use adaptive utensils and dishes when necessary
• Educate residents and families about safe eating practices
• Maintain a choking emergency protocol and equipment on-site

Negligence

Liability hinges on whether the nursing home acted negligently. Negligence occurs when a facility fails to meet the standard of care and this failure leads to an adverse outcome, such as a choking death.

Causation

A direct link between the nursing home’s negligence and the choking incident must be established. This means proving the facility’s failure contributed directly to your loved one’s choking and subsequent death.

Damages

Your attorney must prove the choking death resulted in specific damages, such as:

• Medical costs incurred before your loved one’s death
• Funeral and burial costs
• Loss of future income
• And more

What Factors Increase the Risk of a Nursing Home Choking Death?

Several factors could lead to a choking death in a nursing home, including issues with a nursing home’s staffing shortages. Understanding these can help your attorney determine if the facility might be liable:

• Inadequate Staff Training: Staff must be trained in the proper techniques for assisting residents who may have difficulty swallowing or are at risk of choking. Staff should also be trained on how to respond if a resident starts to choke. Failure to provide such training can be grounds for liability.
• Improper Dietary Management: Residents with swallowing difficulties, known as dysphagia, require specially prepared diets. If a nursing home fails to provide appropriate food textures or neglects dietary recommendations, choking incidents can occur.
• Lack of Supervision: Residents should be carefully monitored during meals to ensure they are eating safely. Inadequate supervision can result in choking episodes going unnoticed or untreated.
• Inadequate Medical Care: If a resident chokes and the response from the staff is delayed or ineffective, this can contribute to a fatal outcome. Prompt medical intervention is crucial in choking emergencies.

Steps to Determine Liability

To establish liability for a choking death, it is important to follow these steps:

• Document the Incident: Gather all available information about the choking incident, including medical records, staff reports, and witness statements. This documentation will be critical in building a case.
• Review Nursing Home Policies: Examine the nursing home’s policies and procedures related to meal preparation, supervision, and emergency response. Determine if these protocols were followed or if there were deviations.
• Consult with Experts: Engage with medical experts to assess whether the care provided met the standard expected in such situations. Experts can provide valuable insight into whether the nursing home’s actions were negligent

The most important step is to consult with an attorney specializing in nursing home injury cases right away. He or she can help determine the strength of your case. An attorney can also help you gather the evidence you need, guide you throughout the legal process and represent you if your case goes to trial.

What Are the Legal Grounds for Filing a Claim?

In Santa Fe, as in other jurisdictions, there are several legal grounds on which a claim for a choking death can be based:

Negligence

This is the most common ground for liability. If the nursing home’s failure to adhere to the standard of care led to the choking death, they may be found negligent.

Medical Malpractice

If the choking death resulted from a medical professional’s inadequate medical care or an incorrect response to the choking incident, medical malpractice claims may be applicable.

Wrongful Death

This type of claim focuses on the loss of life due to the nursing home’s negligence. Compensation may be sought for the emotional and financial impact of the death on the family.

Evidence Required for a Strong Case

Building a strong case for a choking death requires comprehensive evidence:

• Medical Records: These records provide documentation about the resident’s health status, diagnosis and treatment history, and the details of the choking incident.
• Staff Reports: Internal reports from the nursing home can provide insight into the incident and the response by the staff.
• Witness Statements: Testimonies from other residents, family members, or staff who witnessed the choking incident or the care provided can be crucial.
• Expert Testimony: Medical and care experts can offer professional opinions on whether the nursing home’s practices were adequate and if they contributed to the choking death.

Legal Process in Santa Fe

If you have a case and decide to take legal action, the process generally involves:

• Initial Consultation: Meet with a personal injury attorney to discuss the case and determine the best course of action. He or she will review the details of your situation and assess the strength of your case.
• Investigation: The attorney will thoroughly investigate events leading up to your loved one’s death. Other key steps include gathering evidence, consulting with experts and reviewing nursing home practices.
• Filing a Claim: To start the legal process, a formal complaint must be filed against the nursing home, outlining the allegations and the basis for liability.
• Negotiation and Settlement: Cases are often settled out of court through negotiation. Your attorney will work to secure a fair settlement that compensates for damages.
• Trial: If a settlement cannot be reached, the case may go to trial. Your attorney will present evidence and arguments to seek a favorable verdict.

Seeking Justice and Compensation

Losing a loved one to a choking incident in a nursing home is devastating. Pursuing legal action can help hold the facility accountable and provide some measure of justice. Compensation you may be eligible to recover:

• Medical Expenses: Costs incurred before the resident’s death.
• Funeral Costs: Expenses related to burial or cremation.
• Emotional Distress: Compensation for the emotional impact on family members.
• Loss of Companionship: Recognizing the personal loss and the impact on family relationships.

Contact an Experienced Lawyer Today

Nursing home liability for choking deaths is a complex area of law involving multiple factors. If a loved one has suffered a choking death in a nursing home in Santa Fe, consulting with an experienced lawyer helps to ensure your legal rights and best interests are protected.

At PKSD, we help victims and families harmed by nursing home abuse and neglect every day. Our legal team is highly qualified and has years of experience. We also have recovered millions in compensation for our clients.

Need legal help? Call our trusted law firm today. We are here to help you through this difficult time and are prepared to fight for the justice your loved one deserves.

Call PKSD to request a FREE case review today. 505-677-7777