Chicago Nursing Home Choking Lawyer

Seek Compensation and Justice for Choking Accidents in Chicago Nursing Homes

Nursing home residents throughout Chicagoland, such as those in the Gold Coast or West Chicago, are highly vulnerable to fatal choking incidents or aspiration that can cause serious harm. A Chicago nursing home choking lawyer from our firm is here to advocate for elderly residents and their family members, ensuring that they receive quality medical treatment and justice. Neglect in one area often mirrors failures in others; a Chicago Nursing Home Fall Lawyer may find that the same lack of supervision led to a tumble, while a Chicago Nursing Home Dehydration Lawyer can investigate if a resident’s difficulty swallowing was exacerbated by severe fluid deprivation.

Contact us today to discuss your nursing home abuse claim. 

Settlements Recovered by Our Chicago Law Firm

• $1,500,000: Sylvia was a dementia patient residing in a West Chicago nursing facility. As a highly vulnerable resident, she should have had adequate supervision at all times, but she was able to roam freely. Sylvia wandered into a restricted area and drank cleaning fluid, resulting in her poisoning and choking death. During the nursing home abuse lawsuit, we discovered that a staff member had disabled the flight risk alarm on her door. 
• $1,250,000: Anna, a River North nursing home resident, choked on a piece of cereal. She suffered brain damage and passed away shortly after. After reviewing her medical records, we learned that she had a medical condition that caused difficulty swallowing food and should have been on a choking prevention plan. 

What Are the Most Common Causes of Choking in Nursing Facilities?

The National Safety Council notes that choking is the fourth most common cause of unintentional injury death, and the choking risk rises with age. Nursing home choking incidents are often caused by a combination of failure to provide adequate supervision and underlying medical conditions. In many complex cases, a Chicago Nursing Home Chemical Restraints Lawyer is needed to investigate if over-sedation contributed to a diminished gag reflex, while a Chicago Nursing Home Sexual Abuse Lawyer provides essential advocacy if an investigation into facility neglect uncovers evidence of intentional physical victimization or a total lack of resident safety.

• Certain Medications: Some drugs increase the risk of choking due to difficulty swallowing, including nitratesand calcium channel blockers. In some cases, these issues can come on suddenly, leaving a patient with a sudden inability to swallow that isn’t documented in their chart.
• Medical Conditions: Alzheimer’s disease, thyroid disease, diabetes, Parkinson’s, and strokes can be risk factors for difficulty chewing and swallowing. Many nursing home residents are being treated for these conditions, making choking accidents tragically common. 
• Staff Negligence: With proper care, nursing home residents at risk of choking can be kept safe. Interventions like intravenous therapy and thickeners should be carefully matched with the resident’s ability to chew and swallow. When negligent facilities fail to provide appropriate care, there can be devastating consequences. 
• Inadequate Supervision: Dementia patients may no longer have the faculties to avoid choking hazards or may actively seek out dangerous substances. Failure to supervise them can result in choking incidents.
• Inadequate Choking Emergency Procedures: The Illinois Nursing Home Care Act requires assisted living facilities and nursing homes to have policies and staff training for these emergencies (210 ILCS 45/). Failure to intervene and take proper precautions may indicate nursing home negligence. 

What Is the Average Payout for Choking Injuries in Illinois Nursing Homes?

The average financial compensation for nursing home choking cases is $697,500. To determine a fair settlement, courts will consider factors like physical pain and suffering, emotional distress, medical expenses, underlying medical conditions, and nursing home liability. 

Example Cases When Nursing Homes Failed to Provide Proper Supervision

Antonio Mares, 57, was a nursing home patient at the Center Home for Hispanic Elderly in Wicker Park. A nursing assistant provided him with his evening meal and then left him to eat unsupervised, at which time he began choking. Though staff tried to perform life-saving measures, he died of his severe injuries. The negligent nursing home settled with the family for $875,000.00.

Gonzalo Gonzalez, 62, was a resident of Fairmont Care Centre, a Chicago nursing facility. He suffered from dementia and was known to eat too fast, putting him at high risk of choking. One evening, he was left in the dining room unsupervised, leading him to eat contraindicated food and start choking. Gonzalez passed away, and his family sued for nursing home abuse and neglect. The facility settled for 
$520,000.00. 

What Laws Govern Nursing Home Neglect Cases Involving Choking Incidents?

Federal law requires that nursing homes ensure elderly residents receive adequate nutrition and hydration, whether that is by feeding tube or intravenous hydration, and that nursing homes follow special dietary plans as needed (§483.25(g)). 

To ensure this, the Center for Medicaid and Medicare Services recommends that nursing home residents undergo evaluation by a speech pathologist for any swallowing disorders, as this ensures their safety at mealtime. 

The Illinois Nursing Home Care Act also requires staff training to intervene in nursing home choking incidents and affirms a resident’s right to appropriate nutrition (210 ILCS 45/). 

In Chicago, the city Department of Health is authorized to inspect any building to determine whether there are any health or safety hazards that may endanger residents, including nursing homes (2-112-180). If nursing homes fail to abide by state and federal laws surrounding choking incidents, they may be subject to fines or closures. 

How Long Do Victims and Family Members Have to Take Legal Action for Injuries or Wrongful Death?

For non-fatal choking incidents, you have two years to file (735 ILCS 5/13-202). Wrongful death cases also have a statute of limitations of two years (740 ILCS 180/). This same timeframe applies regardless of whether you are seeking a Chicago Nursing Home Broken Bone Lawyer for fall-related fractures, a Chicago Nursing Home Infections Lawyer for hygiene-related illnesses, or a Chicago CILA Abuse Lawyer for residents in group home settings.

How to Strengthen Your Case and Prove Inadequate Supervision

Our nursing home neglect lawyers will guide you through holding nursing homes accountable for choking incidents. It’s essential to act quickly, both to ensure your loved one’s health and to take legal action. During this process, a Chicago Bed Sore Lawyer can help identify if prolonged immobility following a choking event led to skin breakdown, just as a Chicago Nursing Home Sepsis Lawyer ensures the facility is held responsible if those complications progress into a life-threatening systemic infection. Follow these steps as soon as possible.

• Seek Emergency Treatment: Choking incidents can lead to serious complications, like permanent brain damage from asphyxia or damage to the vocal cords. Visit the closest emergency room, such as Northwestern Memorial Hospital.
• Document the Incident: Gather records, surveillance footage, witness statements, and documentation of medical costs. Ensure you collect records from before the injury, including whether the victim had a documented risk of choking due to underlying conditions or medication. 
• Interview Witnesses: Talk to other residents and staff about what happened, including whether the victim was left alone during mealtime or was not being monitored while leaving their room. 
• Report to the Illinois Department of Public Health: You can file an incident report online or call the Department’s 24-hour-a-day Nursing Home Hotline (800-252-4343). 
• Do Not Speak to Insurance Companies: The nursing home and its insurer will push you to accept the lowest possible settlement or discourage you from filing a claim. Speak to an attorney before entering negotiations or signing any paperwork.
• Schedule a Free Consultation With a Chicago Nursing Home Abuse and Neglect Lawyer: Our firm works on a contingency fee basis, meaning that your consultation is obligation-free and no cost. We’ll discuss your options and gather more information. 

How We Can Help You Take Legal Action Against Facilities That Failed to Prevent Choking Incidents

Our Chicago personal injury attorneys are nationally recognized for compassionate and results-focused legal advocacy, having secured over $450 million in positive settlements and verdicts during the past 25 years. 

We’ll guide you through the legal process, investigate the incident, and ensure that the proper individuals are held accountable for their negligence. This includes reviewing nursing home records, interviewing witnesses, and retaining experts to provide unbiased medical opinions. As members of the Illinois Trial Lawyers Association, we have a 98% success rate in both trial and settlement negotiations.

We work on a contingency fee basis: no fees unless we recover compensation. You don’t need to fight this alone. Let our award-winning team support you and your family. Call us 24/7 at (888) 424-5757 or use our online contact form to schedule a free consultation with our caring legal team. 

Sources: Law.com