The odds are good that you will die of natural causes. According to the U.S. Centers for Disease Control (CDC), the leading causes of death in the U.S. include heart disease and cancer. However, unintentional injuries remain the third-most common cause of death, accounting for nearly 7% of American fatalities.
Nursing homes in Henderson, NV, must often assist and monitor elderly or disabled patients to prevent injuries. Unfortunately, nursing home abuse or neglect can cost your loved one’s health or life. An attorney from J. Cogburn Car Accident and Personal Injury Lawyers can help if your loved one choked while under a nursing home’s care.
Contact our Henderson nursing home abuse attorneys for a free initial consultation. Call us today at 702-541-9766.
How J. Cogburn Car Accident and Personal Injury Lawyers Can Help You With a Choking Injury Claim in Henderson, NV
Since 2005, injured people in Henderson, Nevada, have trusted J. Cogburn Car Accident and Personal Injury Lawyers to fight for them against huge corporations and their powerful insurers. Our Henderson nursing home abuse lawyers have recovered hundreds of millions of dollars since the firm’s founding.
We will provide the following services if you or your loved one suffered harm due to someone else’s actions:
- Evaluate the situation and explain your legal options for seeking compensation
- Collect evidence, including documents, records, and witness statements
- File a claim seeking a fair settlement
- Take the case to court if the liable party refuses to settle for a fair amount
Nursing home abuse and neglect represent a betrayal of your trust. Contact our Henderson personal injury lawyers for a free consultation to discuss the injuries inflicted by a nursing home’s neglect.
Is Choking a Common Cause of Death?
According to the National Safety Council, falls are the most common cause of injury and death in seniors. In 2022, over 40,000 Americans 65 or older died after slip and fall accidents.
By comparison, choking is relatively rare. Over your lifetime, your odds of choking to death are only about 1 in 2,482, lower than the odds that you will die in a fire or drown.
How a Nursing Home Choking Lawyer Can Help You and Your Family
Choking includes any scenario that results in a blockage of the airway. It generally does not include deliberate choking, also called strangulation.
Instead, the definition usually consists of the following hazards:
- Choking on food or water
- Aspirating vomit while sleeping
- Swallowing the tongue during a seizure
Unfortunately, nursing home residents suffer from a range of disabilities that make them vulnerable to choking. Careless staff members can increase the risk.
If your loved one suffered fatal or non-fatal choking injuries in a nursing home, a lawyer can provide the following services:
Investigate the Choking Injuries
Gathering evidence from nursing homes can be difficult. These facilities are often run by huge, multi-state corporations that have teams of lawyers ready for any situations that arise. If your loved one suffered an injury while in a facility’s care, the company’s staff and lawyers may stonewall you from getting any records.
Often, a lawyer can get results. If the company does not voluntarily provide records, we can file a lawsuit and use the discovery process to force it to surrender its records.
These records will often give us important facts about the incident, including:
- How it happened
- Who was involved
- How quickly your loved one received medical care
- Who witnessed the choking incident
We can use this information to identify parties who may bear the legal liability for your loved one’s injuries.
Identify Potentially Liable Parties
Under a doctrine called vicarious liability, businesses can be liable for the negligence of their workers.
Thus, a nursing home could be liable for any injuries caused by the following:
- Nurses
- Nursing assistants, including CNAs
- Kitchen staff
In addition to its liability for employee actions, the nursing home is also liable for its own actions, including:
- Overworking staff
- Understaffing
- Failing to train and supervise workers
- Implementing substandard policies for monitoring residents
In many cases, the residents and staff are valuable witnesses against the company and its dangerously negligent practices that lead to injuries, such as choking.
Calculate the Value of the Claim
Choking is dangerous, especially when the patient already has existing medical conditions like heart or lung problems. When a resident chokes, they can die. Even if they can be revived, they might suffer a permanent brain injury due to a lack of oxygen.
A lawyer can help you accurately estimate the losses your loved one suffered. These damages could include medical bills, caretaker expenses, and diminished quality of life.
If your loved one dies, you and your family can pursue a wrongful death claim for the losses you suffered due to their passing. These losses often include funeral and burial expenses, grief, and loss of your loved one’s companionship.
Schedule a Free Consultation With Our Henderson Nursing Home Choking Attorneys
Accidental injuries, including fatal injuries, that occur in a nursing home can raise questions about their treatment. Contact J. Cogburn Car Accident and Personal Injury Lawyers for a free consultation to discuss your loved one’s nursing home injuries and how we can get answers to your questions.
