Maryland Nursing Home Choking Lawyer
As the American population continues to age, an increasing number of our elderly relatives are living in nursing homes and assisted-living facilities. In some situations, staff negligence can lead to injury and even death. If your loved one has experienced injury or death due to choking, contact a Maryland nursing home choking lawyer as soon as possible to discuss your legal options.
Each nursing facility in Maryland is required to provide a variety of services for residents. These services include food, medical care, and daily living assistance. With these services comes legal responsibility and failing to live up to them is considered negligence. If your loved one is suffering due to negligence, a seasoned nursing home abuse attorney could help you file a personal injury lawsuit and receive compensation on their behalf.
Maryland Nursing Home Neglect
Maryland nursing homes must follow the Code of Maryland Regulations (COMAR) that is presented under the Code of Maryland General Health Article §19-343. An examination of Maryland nursing home lawsuits also reveals three broad categories of harm that are often prosecuted.
The first category is abuse, which includes inflicting physical harm or withholding the services necessary for living a comfortable life. Medical malpractice is another category which can lead to errors in medical treatment. Failing to attend to a resident’s needs is the category most closely connected to choking, and is also known as neglect.
A common failure that falls into the category of neglect is employees who do not rotate bedridden residents, which can lead to bedsores. Another is improper medication distribution, including underdosing and overdosing.
Other examples of neglect are:
- Poor planning that causes falls
- Failure to provide medical treatment on time
- Poor security
- Poor diet
All of the above examples can cause choking. For example, an improper diet for a resident that requires softer foods, or a lack of security that leads to a fall while the resident is eating. There have also been numerous cases where neglect led to choking that subsequently caused death. It is a very real nursing home danger and residence protocol must properly address it.
Nursing Home Procedure and Protocol
All Maryland nursing homes must adhere to the same procedures and rules, including policies that prevent neglect. If a nursing home choking attorney in Maryland discovers that staff did not properly follow proper policies—or failed to implement them altogether—this might be enough to file a lawsuit for compensation.
After the lawsuit is filed, the attorney must investigate the events and failures that lead to the situation. Although each case is unique, there are some common questions they will ask.
These questions include:
- Is there a large enough staff to prevent neglect?
- Is there a proper care plan to help residents look after themselves?
- Does each resident have a comprehensive care plan to address their unique needs?
- Does the facility ensure that each resident is provided with the same standard of care?
To answer these questions, the nursing home choking lawyer in Maryland will often examine the available evidence and present it in court. Although presenting evidence does not guarantee compensation, it is necessary to craft a case that proves negligence that can eventually lead to it. A few examples of evidence include medical records, letters, emails, journals, pictures, videos, nurse testimonies, and medical personnel testimonies.
Let a Maryland Nursing Home Choking Attorney Assist You
Placing your trust in nursing home staff to care for your loved one is a big step. If this trust is broken and your loved one suffers, you deserve to get the compensation you deserve. Contact a Maryland nursing home choking lawyer today and you can begin discussing the legal options available to you.
