Nursing Home Choking Death: What Are Your Legal Rights?
A Dayton, Ohio family recently filed a lawsuit against a local nursing home after their father choked to death, an incident captured on surveillance video. According to the Scioto Valley Guardian, the video shows staff failing to intervene as the resident gasped for air and eventually collapsed.
This is heartbreaking, and unfortunately, it’s not uncommon.
As a nursing home lawyer who is experienced in cases of death by choking serving families across Ohio, I’m often asked: What are our legal rights after something like this happens? Whether your loved one died or suffered serious harm, the law is on your side, and I can help you navigate it.
Residents Have the Right to Safe, Dignified Care
Nursing home residents in Ohio have legal rights under both state and federal law, including:
- The right to a proper swallowing assessment and a care plan tailored to their needs
- The right to feeding assistance if they cannot safely eat on their own
- The right to emergency medical care in the event of choking or aspiration
- The right to live in a facility that is adequately staffed and trained
These rights are outlined in the Nursing Home Reform Act and enforced by state and federal oversight bodies. When a nursing home fails to uphold them, it may be liable for negligence or wrongful death.
Learn more about Understanding Nursing Home Resident Rights in Ohio
What Causes Choking in Nursing Homes?
Older adults are at high risk for choking, especially those with dementia, Parkinson’s, stroke complications, or mobility issues. Proper precautions must be taken, including diet modifications and supervised meals.
But too often, nursing homes cut corners. Common failures include:
- Ignoring doctor-ordered dietary restrictions
- Understaffed dining areas or rushed mealtimes
- Failing to recognize or respond to signs of distress
- Skipping assessments for dysphagia (swallowing difficulties)
Read more about the causes of choking and how to recognize the signs of choking.
What Legal Rights Do Families Have?
Whether your loved one passed away or survived with serious harm, your family may be entitled to:
- A full investigation into what went wrong
- Compensation for medical expenses, pain and suffering, and funeral costs
- Accountability for violations of care standards
- Justice through a wrongful death or personal injury claim
Even if you’re still gathering information, talking with a nursing home choking injury lawyer can help you understand the path forward.
How to Take Action
If you believe negligence played a role in your loved one’s choking incident:
- File a complaint with the Ohio Department of Health
- Gather witness statements or video evidence, if available
- Contact an attorney who focuses on nursing home neglect cases
Also, be aware of these signs of possible neglect, which may indicate a larger pattern of harm.
Why Legal Action Matters
Pursuing a legal case isn’t just about financial compensation, it’s about truth, justice, and change. By holding a nursing home accountable, you help:
- Prevent future harm to other residents
- Expose dangerous staffing or training deficiencies
- Send a message that neglect has real consequences
When I take on a case, I work to uncover what really happened—and fight to make sure your voice is heard.
Speak with a Nursing Home Choking Death Lawyer Today
If your loved one died or was injured from choking in a nursing home, you have the right to answers and to justice. I’ve dedicated my career to helping families like yours get the support and results they deserve.
As a former nurse and now attorney, I bring medical insight and legal strength to every case.
Contact me today for a free consultation. I’m here to listen, investigate, and help your family move forward.
