Nursing Home Choking Death Lawyer in Riverside County

Choking deaths among elderly residents in nursing homes and assisted living facilities are more common than many people realize. In Riverside County and across Southern California, older adults face unique and significant risks of choking. Although many of us associate choking hazards primarily with young children and infants, older adults are also highly vulnerable, especially as certain age-related and medical conditions affect their ability to swallow. Understanding the common causes and the legal recourse available can provide families with the support they need after a tragic and preventable loss.

If your elderly loved one suffered a fatal choking incident in a nursing home or assisted living facility, you may have grounds for legal action. A seasoned Riverside County nursing home choking death lawyer can evaluate your case and help you pursue justice.

Understanding Why Choking Deaths Occur in Nursing Homes

The California Department of Social Services emphasizes that older adults, even those without specific medical conditions that exacerbate choking risks, are generally more susceptible to choking than younger individuals. With age, physiological changes can make swallowing difficult. Older adults typically produce less saliva, resulting in a dry mouth, and this issue is often compounded by medications that further reduce moisture levels.

In nursing homes and assisted living facilities, staff members are responsible for taking these risks into account. Unfortunately, negligence or neglect in the form of improper feeding practices or failure to address medical needs can lead to tragic outcomes. Below are some of the most common causes of choking deaths among elderly residents in care facilities:

• Feeding the Resident Too Quickly: Older adults often need more time to chew and swallow. Rushing them can easily lead to choking incidents.
• Serving Food in Large Pieces: Pieces of food that are too big for elderly residents to safely chew and swallow increase the likelihood of choking.
• Providing Unsafe Food Types: Foods with bones or dry, sticky, or crumbly textures—like bread, peanut butter, cake, and crackers—can become lodged in the throat.
• Failing to Accommodate Medical Conditions: Conditions like loose teeth, a history of stroke, or neurological disorders can complicate swallowing, yet some facilities fail to account for these issues.
• Distracting the Resident While Eating: Encouraging conversation or talking to an elderly resident while they are eating can lead to a lack of focus and increase the risk of choking.
• Improper Eating Position: Allowing or encouraging a resident to eat while lying down or reclined significantly raises choking risks.
• Serving Fluids While Eating: Drinking liquids simultaneously with eating can sometimes cause food to get stuck in the airway, exacerbating the risk of choking.

Pursuing Legal Action After a Choking Death

Choking deaths in nursing homes and assisted living facilities are almost always preventable. When a choking incident results from neglect or carelessness, it is crucial to hold the responsible parties accountable. Family members of the deceased may be able to file a wrongful death lawsuit against the facility to seek justice and financial compensation.

Filing a Wrongful Death Lawsuit

Under California law, a wrongful death claim can be brought when a person dies due to another party’s negligence or intentional wrongdoing. The deceased person’s surviving spouse or domestic partner, children, or, in some cases, grandchildren may have the right to file a lawsuit. The statute of limitations for filing a wrongful death lawsuit in California is one or two years from the date of the choking death, depending how the facility is licensed. For clarity on the statute of limitations, reach out to our Riverside nursing home choking death attorneys today.

Compensation in a Wrongful Death Claim

Successful wrongful death claims can provide compensation for a variety of losses, including funeral and burial expenses, loss of love, society, and companionship, and the emotional distress caused by the death of a loved one. While no amount of money can undo the tragedy, holding negligent facilities accountable can promote better care standards and prevent similar incidents in the future.

Get Help From a Riverside County Nursing Home Choking Death Attorney

Receiving the news that an elderly family member has died due to a preventable choking incident in a nursing home or assisted living facility is devastating. Families have the right to seek answers and justice. If you have lost a loved one under these circumstances, an experienced Riverside County nursing home neglect attorney is here to assist.

For more than 20 years, the Southern California Nursing Home Law Group had dedicated itself to helping families navigate the legal process after the wrongful death of a loved one. We are committed to holding negligent facilities responsible and ensuring that your family receives the compensation you deserve. Contact us today for a free and confidential consultation. Let us help you understand your options and fight for the justice your loved one deserves.

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