Virginia Nursing Home Choking Lawyer

When your loved one becomes a resident of a nursing home or skilled nursing facility, you trust that the staff and administrators will provide adequate care and treatment to your loved one. You trust that the staff will note any hazards or risks that could result in harm to your loved one and take appropriate actions to ensure their safety.

If your loved one has sustained an injury from choking in a nursing home, you may benefit from a consultation with a nursing home abuse attorney. If nursing home staff’s negligence or recklessness caused your loved one to choke on food or a foreign object, the nursing home may be liable for damages. Contact a Virginia nursing home choking lawyer today.

How Choking Incidents Occur in Nursing Homes

Nursing home physicians and staff have a responsibility to provide individualized care that addresses the needs of each resident. A resident may have difficulty swallowing, due to a neurological condition or cancer. In the case of an individual who has difficulty swallowing, a special diet may be appropriate to ensure that they can receive adequate nutrition without the risk that solid foods may pose to them.

However, an individual may be injured in a choking incident due to one of the following:

  • Improper monitoring of the resident during meals
  • Failure to follow the physician’s orders regarding dietary restrictions
  • Failure to identify the resident’s need for a restricted diet

If nursing home staff serves a sandwich, for example, to an individual who has difficulty swallowing, the food may become trapped in the windpipe. Having food or other objects blocking the windpipe can result in serious injuries. If the brain is deprived of oxygen for too long, due to trapped food or other objects, the individual may sustain a severe brain injury. A nursing home choking lawyer in Virginia could provide more information regarding the ways in which negligent nursing home physicians or staff can cause residents to sustain injuries in choking incidents.

Alleging Negligence in a Nursing Home Choking Incident

If nursing home physicians or staff fail to provide adequate care to a resident, this failure may constitute a breach of the accepted duty of care. Determining the standard of care in a nursing home case may involve expert opinions and testimony. An expert could potentially give their opinion of what should have been done or what should not have been done under the circumstances.

Medical records can be a vital source of information in proving nursing home negligence. The resident’s medical records may contain information indicating that the resident should not have been given the food that they were given. The medical records may also contain a physician’s orders regarding dietary restrictions.

If nursing home staff ignored the physician’s orders and provided improper foods to the resident, this evidence may support a finding of negligence.

Proving breach, causation, and damages can be complicated. This typically involves an investigation into the incident and an assessment of any relevant documentation. A nursing home choking lawyer in Virginia may be able to provide guidance and assistance.

Contact a Virginia Nursing Home Choking Attorney Today

Your loved one deserves to receive adequate care and treatment in a nursing home or skilled nursing facility. If nursing home staff have failed in their duty and injury resulted, you may wish to speak with a Virginia nursing home choking lawyer about your rights and potential compensation.