Admitting a loved one to a nursing home was one of the hardest things you’ve ever had to do. You trusted the facility to provide the best care possible. Learning that your family member suffered an injury or passed away due to staff negligence is heartbreaking and confusing.
This is especially true for a preventable event like choking. Staff are supposed to evaluate a resident’s swallowing ability and provide appropriate meals. Our nursing home choking lawyers in Tampa can help you find out what happened and hold a negligent facility accountable.
Our team at the Distasio Law Firm has more than three decades of combined legal experience. We believe every client deserves hands-on personal service. Call now to schedule your free consultation and find out how our nursing home abuse lawyers in Tampa can help.
Why Does Choking Happen in Nursing Homes?
Choking injuries and deaths in nursing homes are often preventable. They typically occur when basic care standards aren’t met. Food or other objects block the airway, cutting off a resident’s ability to breathe, which can lead to brain damage or death.
Common issues include:
- Undiagnosed or unmanaged swallowing difficulties
- Inadequate staff supervision during meals
- Improper food consistencies, such as failing to provide thickened liquids
- Lack of staff training in appropriate feeding or emergency responses
- Rushed or distracted feeding due to hurried or overworked staff members
Our personal injury lawyers in Tampa will investigate the cause of the choking and determine if staff negligence played a role. If so, we will take steps to hold the facility financially accountable for your family’s hardships.
For a free legal consultation with a Nursing Home Choking Lawyer serving Tampa, call (813) 259 0022
What Is Dysphagia?
Dysphagia is a common condition among older adults, especially those with neurological conditions that weaken the muscles of the esophagus. This is simply the medical term for difficulty swallowing. Dysphagia can cause food or liquids to enter the airway and lead to choking.
Because dysphagia isn’t always obvious, nursing homes must screen residents for swallowing difficulties when they are admitted, and at regular intervals thereafter. Care plans and dietary restrictions should match the resident’s needs based on these screenings.
Dysphagia can cause a related issue called aspiration, where food or liquid enters the lungs. This can lead to pneumonia and death. Our nursing home choking attorneys in Tampa will review medical records and care plans to understand how the facility managed a known dysphagia diagnosis.
Tampa Nursing Home Choking Lawyer Near Me (813) 259 0022
Who Is Responsible When Choking Occurs in a Nursing Home?
Nursing homes in Florida have a legal duty to protect their residents from harm, and that includes choking. If staff fail to take appropriate steps to identify choking hazards and reduce risks, the facility may be liable for damages.
The nursing home may face license suspensions or other sanctions. If the circumstances that caused the choking incident rise to the level of neglect, individual staff members could face criminal charges.
Examples of failures that can lead to responsibility include:
- Serving unsafe food consistencies to a resident with known dysphagia
- Leaving a high-risk resident unattended during meals
- Failing to implement the required feeding assistance
- Not training staff to recognize choking signs or perform the Heimlich maneuver
- Delayed or improper response to a choking emergency
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How Can You Report Choking Concerns?
If you believe a nursing home is putting their residents in danger of choking, or if there have been issues in the past that they have not reported, you can take action. You can complete the Health Care Facility Complaint Form on the Florida Agency for Health Care Administration site.
This is the agency that oversees nursing home licensing in the state. They will look into your concerns and issue penalties if necessary. This can result in disciplinary action in the home itself, and your report could lead to more stringent policies for monitoring choking issues.
Then, contact our Tampa nursing home choking lawyers. If warranted, we will file a civil lawsuit on your or your loved one’s behalf. We will seek to recover the economic damages your family has suffered, as well as pain and suffering on the part of your loved one.
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Get Help From Our Nursing Home Choking Attorney in Tampa
Choking is an issue in all nursing homes, and it is up to staff to mitigate the possibility of injury or death. In many cases, choking is preventable, but it requires professional diligence. When nursing home staff are negligent in their duties, they may be liable for the hardships they cause.
This can include failing to diagnose residents with choking issues, failing to provide proper meals and snacks, or inadequate care plans that don’t fully account for the residents’ condition. Our nursing home choking attorneys in Tampa will stand up for you and your loved one.
Since 2006, the Distasio Law Firm has served as advocates for injured Florida residents who can’t always speak for themselves. We know you are hurting, and we’ll do everything in our power to make a positive difference in your life. Call today for your free consultation.
Call or text (813) 259 0022 or complete a Free Case Evaluation form