Walnut Creek Nursing Home Choking Lawyer

Choking events can result in serious and life-threatening injuries for seniors. When food enters the lungs or becomes lodged in the windpipe, oxygen can no longer make it to the brain. For nursing home residents, this can cause serious injuries. In the most tragic cases, choking incidents are fatal. Choking incidents in nursing homes are preventable. If you have a loved one in a nursing home and they suffered from a choking incident, our Walnut Creek nursing home choking lawyer can help. You and your loved one may be entitled to damages, and our knowledgeable attorney can help you recover the fair settlement you deserve.

Elderly residents in nursing homes often have respiratory problems that make it difficult for them to breathe. The medical devices they use to assist with their breathing are not always practical to use while eating and so, this can cause residents to choke.

Other conditions, such as Parkinson’s and other neurological diseases, an enlarged thyroid, and gastroesophageal reflux disease (GERD) can all make it more difficult for nursing home residents to properly chew and swallow. Sometimes, the medications nursing home residents take also decrease the production of saliva, which can lead to an increased risk of choking.

Lastly, dental issues can also make it more difficult for nursing home residents to eat. Dentures can become loose, or nursing home staff members may forget to give residents their dentures at mealtime. When that is the case, a nursing home choking lawyer in Walnut Creek can help families claim the compensation they deserve.

Under the Code of Federal Regulations for Long-Term Care Facilities, 42 CFR 483.21, nursing home facilities are required to develop and implement care plans for each individual resident. An individual’s care plan must be created within 48 hours of admission into the nursing home facility. The care plan created for a specific resident must also include information on their dietary needs.

For example, a doctor may recommend that a nursing home resident only eats soft food to reduce the risk of choking. The resident’s care plan then, should include instructions about pureeing food before giving it to the resident, or include certain food the resident can eat safely. The care plan should also specifically state that the resident should never eat or drink alone, but that they should be monitored during mealtime to ensure they do not suffer from choking. Sadly, too many nursing homes and nursing home staff members ignore these care plans, or they neglect to create them in the first place.

At Brod Law Firm, our Walnut Creek nursing home choking attorney knows the devastation choking can cause, and we want to help your family claim the full settlement you deserve. Call us today at (800) 427-7020 or fill out our online form to schedule a free case evaluation and to learn more about how we can help.