Choking is something that can happen to anyone, but the risk increases in elderly people suffering from various health conditions, such as dementia, Parkinson’s disease, or certain disabilities caused by a stroke. Choking incidents, especially when there is no one to oversee, can be life-threatening.
In a place like a nursing home, where there are a lot of elderly people, it is the duty of the staff to provide the necessary care and monitor them at all times. Most nursing homes house residents who are vulnerable to the various medical conditions as mentioned above. This puts the residents at an increased risk of choking when the staff fail to provide the necessary supervision.
When such a breach of duty takes place, you need to understand what the necessary steps are to be taken to protect your rights and hold the facility accountable for its actions.
So, here are a few steps to take if your loved one was involved in a choking accident in a nursing home.
Step 1: Don’t Delay Medical Care
When someone is involved in a choking accident, timely intervention plays a very important role. Just a slight delay in actions or medical intervention can cause a serious threat to the person’s life. This is why the first step after a choking accident should be to ensure that the resident is given immediate medical attention.
Even if the food has been cleared, you must ensure that there is no oxygen deprivation and other internal injuries or complications. Also, have a copy of the medical reports, as they can act as proof of the incident.
Step 2: Collect the Necessary Proofs and Documents
If you think that it is the negligence of the staff that led to the accident, you need to collect all the necessary proofs and document the incident in detail to prove them responsible. Take details of the staff on duty, ask for witness records, and check out the surveillance camera recording to prove a breach of duty. Having the necessary proof can make your case stronger.
Step 3: Get an Incident Report
When an accident occurs in places like a nursing home, it is their duty to file an incident report. The report should include all details of the accident, such as the date, time, and how it happened. Ensure that you request a copy of this report, as it may be necessary when filing for a claim.
If the nursing home ever rejects or refuses to give the incident report, you have the right to take them to court if necessary.
Step 4: Report the Incident to Authorities
First, you have to make sure that you have reported the incident to the higher authorities of the nursing home. If not, they may use it to turn against you by stating that no such incidents have been reported to them.
You also need to file a complaint with your state’s health department. By filing a complaint with these authorities, there will be a proper investigation of the case. They will look into details such as dietary assessments, staff training, and supervision standards of the nursing home.
Step 5: Get Help from an Experienced Lawyer
When filing a claim or lawsuit, it is always better to get help from an experienced attorney. Your lawyer will go through the medical records, incident reports, and other details to determine if a duty has been breached. They can also help negotiate with insurance companies and get you the compensation you deserve.
Key Takeaways
- Nursing homes have an increased risk of choking accidents due to senior residents suffering from various medical conditions.
- The first step should be to ensure immediate medical attention.
- Request for an incident report to get a detailed analysis of the accident.
- Report the incident to authorities on time.
- Always get help from an experienced attorney.
