Choking is a preventable danger in nursing homes that can result in severe injury or even wrongful death. When nursing homes fail to provide proper supervision and dietary modifications, residents face unnecessary risks. Choking incidents often point to negligence, and families deserve to know their legal rights when their loved ones are harmed.
Why are Wisconsin Nursing Home Residents at Risk?
Many elderly residents suffer from conditions that make swallowing difficult, such as dementia, Alzheimer's Disease, Parkinson's disease, or strokes. Difficulty swallowing is known as dysphagia. Additionally, certain medications can cause dry mouth or muscle weakness, further increasing the likelihood of choking. Without proper precautions, these vulnerable individuals are at serious risk.
What Steps Should Wisconsin Nursing Homes Take to Prevent Choking?
Nursing homes have a duty to protect residents by implementing safety measures, including:
- Conducting regular swallowing assessments for at-risk individuals.
- Ensuring staff is trained in choking prevention, recognizing signs of choking, and emergency response to choking.
- Providing appropriate food textures tailored to each resident's individual needs.
- Supervising high-risk residents during meals.
- Reporting signs of swallowing difficulties and adjusting care plans accordingly.
Common Signs of Choking
Nursing home staff should be trained to immediately recognize signs of choking and administer emergency response, such as the Heimlich maneuver.
Some common indicators of choking include coughing or gagging while eating or drinking, difficulty breathing or shortness of breath, inability to speak or make sounds, panic or distress during meals, bluish skin or lips from lack of oxygen, holding the throat or making choking gestures, or loss of consciousness due to lack of oxygen.
Common Causes of Choking in Nursing Homes
Several factors contribute to choking incidents in nursing homes, including:
- Failure to Follow Dietary Plans. Nursing homes must provide each resident with a nourishing, well-balanced diet that meets the daily nutritional and special dietary needs of each resident. When nursing homes fail to provide the correct meals, such as pureed or thickened foods, choking can occur.
- Lack of Supervision. High-risk residents often require assistance during meals. When staff is inattentive or undertrained, choking incidents go unnoticed until it's too late.
- Improperly Prepared Food. Hard, dry, or sticky foods can be hazardous if not appropriately modified for residents with swallowing difficulties.
- Delayed Emergency Response. If staff is not trained to recognize and respond to choking incidents immediately, residents may suffer severe consequences, including brain damage or death.
Is a Nursing Home Responsible for the Choking Death of My Loved One?
Under Wisconsin law DHS 132, nursing homes are required to provide adequate nutrition and minimize health risks, including choking.
When facilities fail to:
- Assess residents' swallowing abilities
- Provide properly prepared food
- Offer necessary supervision
- Train staff adequately
the nursing home may be liable for negligence. A nursing home's failure to meet these legal standards can result in serious injury or wrongful death, giving families the right to seek legal action.
Seeking Justice for Choking Death
Choking is a painful and terrifying experience, and no nursing home resident should suffer such a preventable death. If your loved one has experienced a choking-related injury or death due to neglect, legal action may be necessary to hold the facility accountable. Attorney Kristen Lojewski has extensive experience handling choking cases in nursing homes, and she will fight for full and fair justice for your loved one.