Nursing Home Choking and Strangulation Negligence
Could a simple meal pose a serious risk to your loved one’s health? Unfortunately, choking is a significant risk for nursing home residents with swallowing difficulties, a condition known as dysphagia. Research shows that nearly 70% of nursing home residents experience some level of difficulty swallowing[1]. Even sleeping can lead to strangulation if bed-rail gaps trap a resident’s head and prevent proper breathing. However, most choking incidents in nursing homes are preventable and often a sign of neglect.
As a nursing home neglect attorney serving Ohio, I and my firm represent clients and their families in cases of choking injuries or wrongful death due to nursing home negligence. Many of these tragedies occur because nursing homes fail to assess residents properly or do not implement necessary safety measures to prevent choking, such as liquid diets or proper supervision during meals.
Call for a Free Consultation to Learn How I Can Help
With over 30 years of experience as a nursing home injury lawyer, I know how hard facilities work to avoid responsibility when their negligence causes harm. My firm is committed to uncovering the truth and holding them accountable.
When investigating cases of injury or wrongful death, I work with medical experts to determine the standard of care required for each resident’s condition and whether the nursing home failed to meet that standard. If negligence played a role, I fight tirelessly to get justice for families like yours.
The Nancy C. Iler Law Firm handles all cases on a contingency fee basis, meaning you don’t pay unless we win compensation for you. We handle nursing home negligence cases throughout Ohio, including Cincinnati, Dayton, Cleveland, Columbus, and Springfield.
What Increases the Risk of Choking? Common Risk Factors
Many medical conditions can affect throat muscles and nerves and cause swallowing difficulties, including[2]:
- Stroke or brain injury
- Diseases that affect the nervous system such Parkinson’s, ALS, or multiple sclerosis
- Alzheimer’s disease
- Gastroesophageal reflux disease (GERD)
- Throat tumors
Certain medications and non-medical factors, such as ill-fitting dentures, can also affect the ability to swallow, increasing the risk of choking.
Failure to Assess Swallowing and Failure to Supervise While Eating
When a nursing home resident loses the ability to swallow safely, a thorough assessment by a care team including a dietitian and speech pathologist, is critical. Without proper assessment, residents are at serious risk of choking, aspiration pneumonia, and malnutrition.
In addition to ensuring an appropriate diet and fluid intake, nursing homes must determine whether a resident requires assistance or direct supervision while eating. For high-risk residents, this may include providing specially prepared food textures, monitoring during meals, and training staff on emergency response protocols. Failing to implement these precautions can lead to life-threatening choking incidents—placing vulnerable residents in immediate danger. If your loved one has suffered because of such failures, you should contact a nursing home abuse attorney.
Recognizing the Signs of Choking in Nursing Home Residents
Recognizing the warning signs of choking early can save a resident’s life. Some symptoms may be subtle, especially if the resident has difficulty communicating. Signs to watch for include[3]:
- Coughing or gagging while eating or drinking
- Changes in breathing, such as wheezing or struggling for air
- Holding the throat or showing distress during meals
- Watery eyes or excessive drooling
- Blue-tinted skin (cyanosis), particularly around the lips or fingernails
- Silent choking, where the resident is unable to cough or make noise while struggling to breathe
If staff members fail to recognize or respond promptly to these signs, the consequences can be fatal. Proper training and vigilance are essential to ensuring the safety of nursing home residents.
Are Nursing Homes Responsible for Choking Deaths? Their Legal Duty
Nursing homes present themselves as experts in elder care. They have a legal duty to assess residents properly and implement safety precautions to prevent choking incidents. The caregiving team, including nurses, dieticians, speech pathologists, and physicians, should be aware of the choking risk factors and develop individualized care plans that address swallowing risks.
When a nursing home follows proper protocols as clearly put forth in the resident’s care plan, choking deaths should be preventable. Common interventions include:
- Pureed diet
- Thickened liquids
- Supervision or assistance with eating
- Minimal use of sedatives
- Eating in a chair
However, negligence often occurs when:
- The facility fails to conduct regular chewing and swallowing assessments such as, upon admission, as they age, and after a medical event such as a stroke.
- Staff members fail to implement or enforce necessary dietary restrictions.
- Dangerous bed rail gaps are left unaddressed.
Understaffing is a major contributor to choking incidents in nursing homes. When facilities do not have enough trained staff to monitor residents during meals, choking episodes can go unnoticed or unaddressed until it is too late. Proper supervision is critical to preventing these avoidable tragedies.
Investigating Choking & Strangulation Cases in Ohio Nursing Homes
Choking or strangulation injuries in nursing homes or assisting living facilities should almost never happen. If your loved one has suffered a preventable injury or wrongful death in an Ohio facility, an immediate investigation is necessary. A nursing home abuse attorney can help you determine if negligence contributed to the incident.
We have successfully handled cases of nursing home abuse and neglect throughout Ohio. Let us help you uncover the truth and hold negligent facilities accountable.
Call Nancy C. Iler, Nursing Home Abuse Attorney, for a Free Consultation
If your loved one suffered injuries or wrongful death due to choking or strangulation in an Ohio nursing home, we can help. Call today for a free consultation, and let’s discuss how we can seek justice for your family.
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[1] Wiley Online Library: Supporting safe swallowing of care home residents with dysphagia
[2] WebMD.com: Swallowing Problems
[3] Ohio Department of Aging: Choking Resources