Holding Nursing Homes Accountable for Preventable Choking Incidents
When families place a loved one in a nursing home, they trust the facility to provide careful supervision, assistance with eating, and prompt medical attention if something goes wrong. Sadly, choking and asphyxiation are among the most common — and most preventable — causes of nursing home injury and death.
At Olsman MacKenzie Peacock, our Michigan nursing home choking attorneys represent families whose loved ones were harmed because a facility failed to prevent or respond to choking emergencies. With decades of experience in elder neglect cases, our team knows how to uncover what went wrong and hold negligent facilities accountable.
Call 1-800-366-8653 today for a free consultation. You pay nothing unless we recover compensation for your family.
Was the Type of Food Proper?
Nursing home residents often suffer from a variety of medical conditions that may impair their ability to eat certain types of foods. In some cases, medical conditions may affect their ability to swallow certain types of foods (usually those that require more activity in chewing food). In other cases, the resident may be suffering from a cognitive function, such as Alzheimer’s, that can affect the mental function needed to swallow food without choking.
In nursing home facilities, it is up to the staff to understand the medical conditions and needs of each resident and to ensure that the right type of food is delivered to each resident based upon any medical limitations that may exist. At meal time, the nursing home must also help any residents with eating who may require assistance.
Why Do Choking and Asphyxiation Happen in Nursing Homes?
Choking incidents in long-term care facilities rarely happen without warning. Most stem from carelessness, understaffing, or a failure to follow basic safety protocols.
Common causes include:
- Failure to identify choking risks: Residents with swallowing disorders (dysphagia), dementia, or neurological conditions often need modified diets or extra supervision.
- Improper food preparation: Serving food that is too hard, dry, or large for residents with swallowing difficulties.
- Lack of supervision during meals: Residents who require monitoring are sometimes left unattended in dining halls or rooms.
- Delayed response to emergencies: Staff who are not trained in CPR or the Heimlich maneuver may waste critical minutes.
- Medication errors: Certain drugs can cause dry mouth, drowsiness, or reduced muscle control, increasing choking risks.
When nursing homes fail to prevent or quickly respond to these dangers, residents may suffer serious brain damage, permanent injury, or death.
Who Is Most at Risk for Choking in Nursing Homes?
Certain residents are particularly vulnerable to choking and asphyxiation, including those with:
- Alzheimer’s disease or dementia
- Parkinson’s disease or other neuromuscular disorders
- Stroke-related impairments
- Dysphagia or swallowing disorders
- Dental issues or missing teeth
- Sedating medications that reduce alertness or muscle strength
Facilities are required to assess each resident’s medical needs and create an individualized care plan. When they ignore these risks, they put lives in jeopardy and may be held legally liable for their negligence.
Legal Rights After a Nursing Home Choking Incident
Michigan law requires nursing homes to provide reasonable care and protect residents from preventable harm. If your loved one suffered injury or death due to choking, you may be entitled to recover damages such as:
- Medical expenses related to emergency treatment, hospitalization, or ongoing care
- Pain and suffering experienced by the resident
- Wrongful death damages for surviving family members if the resident passed away
- Loss of companionship and support
- Punitive damages in cases of extreme negligence or reckless disregard for safety
Our Detroit nursing home choking lawyers partner with medical experts, investigators, and witnesses to build strong cases for families. Call 1-800-366-8653 to schedule a free consultation with an experienced Michigan nursing home choking attorney today to discuss your options.
Frequently Asked Questions About Nursing Home Choking
Can I sue a nursing home if my loved one choked?
Yes. Families may bring a lawsuit against a nursing home when a resident suffers injury or death from choking and the facility’s negligence played a role. Choking incidents are often preventable if proper precautions are taken. A claim may exist if the nursing home:
- Failed to supervise residents who required help eating or drinking
- Ignored known choking risks, such as swallowing disorders (dysphagia) or dementia
- Served food that was unsafe for a resident’s dietary restrictions
- Left residents unattended during meals despite care plan requirements
- Delayed or failed to perform life-saving measures like the Heimlich maneuver or CPR
When these failures cause harm, a lawsuit may help recover compensation for medical costs, pain and suffering, or wrongful death. Just as importantly, it holds the facility accountable and pressures nursing homes to improve safety for all residents.
If your loved one choked in a nursing home, call 1-800-366-8653 to speak with an experienced Michigan nursing home choking attorney about your options.
What is the difference between choking and asphyxiation?
Choking occurs when food or an object blocks the airway. Asphyxiation refers more broadly to oxygen deprivation, which can result from choking, suffocation, or other causes. Both are medical emergencies and can be fatal without immediate intervention.
How do I prove negligence in a choking case?
Evidence often comes from medical records, staff logs, witness accounts, and facility policies. Our attorneys investigate whether staff failed to follow diet restrictions, ignored care plans, or failed to respond properly in an emergency.
What if my loved one died from choking?
Families may pursue a wrongful death claim to recover damages for funeral costs, loss of companionship, and other financial and emotional losses. These claims also help hold facilities accountable so future tragedies are prevented.
Are nursing homes required to train staff in choking prevention?
Yes. Facilities should train staff to recognize choking risks, follow dietary guidelines, and perform life-saving interventions like the Heimlich maneuver or CPR. Failure to train staff properly may be considered negligence.
Why Families Trust Olsman MacKenzie Peacock
At Olsman MacKenzie Peacock, we have built a national reputation for protecting vulnerable nursing home residents and their families. Our team includes:
- Jules B. Olsman – Founder with more than 40 years of trial experience in elder neglect cases.
- Donna M. MacKenzie – Past president of the Michigan Association for Justice and a recognized leader in nursing home litigation.
- Emily Peacock – Nationally recognized advocate and incoming Chair of the AAJ Women Trial Lawyers Caucus.
- Lauren Walson – Tireless advocate for families impacted by nursing home neglect.
- Michael C. Dennis – Experienced trial attorney representing Michigan families in injury and neglect cases.
- Michaelene Sowinski – Dedicated to holding long-term care facilities accountable for resident safety.
We have recovered millions for families harmed by nursing home negligence. More importantly, we work every day to improve safety standards and protect seniors throughout Michigan.
When Choking Occurs in a Nursing Home, We Find Out Why
With nurses on staff at our firm, we can carefully assess the medical needs of a resident concerning the types of foods that should be given (or not given), and determine the level of assistance that the resident may need in eating. Once this information and the other facts and circumstances concerning the choking are known, we can then advise as to whether a case of negligence exists against that nursing home for the choking.
If a loved one has died or otherwise suffered from a choking incident at a nursing home, please call us so that we can learn about the case. We will be happy to meet with you for a free, no-obligation consultation at your convenience.
If we accept your case, we will do so on a contingency fee basis. This means that you will not owe us any fees unless and until we recover a settlement or judgment.