The elderly choking in nursing homes is a serious issue affecting untold thousands. The Center for Disease Control estimates that 463 people over the age of 65 died from choking during 2006. There are multiple reasons why the elderly must be carefully monitored for choking risks.

Choking risks are supposed to be eliminated or at least minimized by nursing home staff who are paid to be watchful for the following risks:

  • Failure of the patient to produce sufficient saliva to make digestion possible
  • Inappropriate foods for the patient such as cake, milk or even water that hasn’t been prepared to make swallowing easier
  • Food that isn’t properly cut to size for easier swallowing
  • The patient has the ability to properly chew food before swallowing

Due to issues such as understaffing, patients don’t always receive the care they need and deserve. It’s not uncommon for a single nurse assistant to be overseeing 10 or more patients at mealtime. The recommended ratio of patients per nursing assistant is three. The failure to properly oversee and assist at mealtime can lead to choking, and in severe cases, wrongful death.

Secure Justice For Victims Of Nursing Home Negligence

People turn the care of their loved ones over to professionals because they believe they’re getting the best of care. While there are many qualified professionals in elder care, there is also an epidemic of understaffed facilities and under-trained people taking care of America’s aging population. The situation is causing pain and suffering at unprecedented levels, and some elderly die.

The failure to properly supervise mealtime activities or to properly prepare food is negligent behavior. We have encountered many instances during years of practicing elder abuse law in which a caregiver’s carelessness has led to a choking incident. Your loved one deserves to be cared for with the greatest care and diligence.

Contact A New York Elderly Abuse Lawyer

If a caregiver’s carelessness resulted in the choking of a loved one, you need the help of a professional who knows to confront the nursing home’s leadership. You also need an attorney experienced enough in these matters to properly preserve the evidence of the choking incident in order to obtain the maximum settlement or judgment the law allows.

It’s unlikely the choking incident is the first negligent act that has occurred. At Banville Law, we seek to protect the elderly by exposing the negligence of nursing homes or assisted living facilities.

More Information