This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Terry Crouppen who has more than 40 years of legal experience as a personal injury attorney. Our last modified date shows when this page was last reviewed.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Terry Crouppen who has more than 40 years of legal experience as a personal injury attorney. Our last modified date shows when this page was last reviewed.
- Last Modified:
- June 24, 2024
Older adults often have medical issues or physical conditions that make it difficult for them to eat independently, increasing the risk of choking and suffocation. Unfortunately, many Missouri nursing homes fail to provide the minimum standard of care to prevent choking accidents for vulnerable residents.
If your loved one was injured in a nursing home choking accident, you have legal options to seek justice, accountability, and compensation. At Brown & Crouppen, we have over 40 years of experience advocating for nursing home abuse victims and their families. Reach out online or call (888) 609-5392 to schedule your free consultation.
- Why Hire Our Elderly Choking Lawyer in Missouri?
- Can a Nursing Home Be Held Liable for Elderly Choking Accidents?
- Available Damages for Elderly Choking Accidents in Nursing Homes
- Types of Elderly Choking Cases We Handle
- Should I File an Elderly Choking Lawsuit in Missouri?
- Speak With an Elderly Choking Attorney in Missouri
Why Hire Our Elderly Choking Lawyer in Missouri?
Choking is the fourth most common cause of unintentional death in the United States, with rates increasing rapidly after individuals reach 50 years of age. With extensive resources at our disposal and decades of combined experience, our elderly choking law firm in Missouri provides comprehensive legal services to injury victims and their families, including:
- Free consultations for victims of elderly choking in nursing homes
- Compassionate guidance and legal advice throughout the claims process
- Thorough, independent investigations to determine what happened
- Evidence collection to establish negligence and build your case
- Negotiation with insurance companies to fight for a fair settlement
- Unmatched trial representation if your case goes to court
Our award-winning attorneys care deeply about making legal representation accessible to injury victims in the communities we serve. That’s why we offer our services on a contingency basis, meaning we charge no upfront fees. You pay nothing unless we secure compensation on your behalf.
If you need an experienced elderly choking attorney, our full-service personal injury law firm offers top-tier legal representation throughout Missouri, including in St. Louis and Kansas City. Schedule your free consultation today to take legal action.
Can a Nursing Home Be Held Liable for Elderly Choking Accidents?
Yes, a nursing home could be liable for an elderly choking accident. All nursing homes and other types of care facilities have a requirement to respect the rights of residents and provide them with a minimum standard of care.
Under Missouri law, residential care and assisted living facilities must consider each resident’s physical abilities, medical needs, and food habits. They must also prepare meals according to physician orders.
Additionally, Missouri nursing homes must have sufficient staff members trained and qualified to care for residents. Failing to staff nursing homes properly can lead to dangerous situations, including choking. If a nursing home’s negligence caused your loved one’s choking accident, you may have grounds to sue.
Helping Families Take Steps Towards Justice
It’s important for families to remember that accidents at nursing homes are not their fault. When you entrust a nursing home to care for your loved one, it is responsible for protecting them from elderly choking injuries. When nursing homes fail to uphold their duty of care, seeking help from an experienced elderly choking law firm is the first step towards securing justice, accountability, and compensation for your loved one and family.
Available Damages for Elderly Choking Accidents in Nursing Homes
Negligent Missouri nursing homes may be responsible for damages if their careless actions lead to elderly choking injuries. If your family member experienced a choking accident in a nursing home, you may qualify to file an elderly choking lawsuit and claim compensation for things like:
- Medical bills
- Cost of future medical care
- Disability
- Pain and suffering
- Emotional distress
- Loss of quality of life
Unfortunately, many nursing home choking accidents are fatal. If your loved one passed away due to their accident, our elderly choking attorneys in Missouri can help you file a wrongful death claim to recover compensation for damages like:
- End-of-life care
- Burial expenses
- Cost of funeral services
- Loss of companionship
While not as common, you may also receive punitive damages. Punitive damages are meant to punish defendants when their actions show an extreme disregard for the safety of others.
Successful Nursing Home Abuse Claims
Our team of nursing home abuse attorneys goes the distance for our clients and fights for the maximum compensation they deserve. Examples of recent case results include:
- $1 million wrongful death settlement – Our client’s mother suffered burns from an altercation at the care facility, which resulted in hospitalization and eventual death.
- $500,000 wrongful death settlement – Our client’s mother experienced negligent care by facility staff, which caused severe damage due to advanced bed sores. Life support was terminated as a result.
- $200,000 neglect settlement – The nursing care facility failed to treat a bed bug infestation, which resulted in the patient suffering significant discomfort and injuries.
Types of Elderly Choking Cases We Handle
At Brown & Crouppen, we can assist your family in bringing an elderly choking lawsuit. We have the resources and experience to handle cases related to all forms of negligence, including when:
- The nursing home ignored special food preparation or dietary requirements.
- The nursing home staff failed to assist a resident who could not feed themselves.
- The staff failed to conduct proper resident assessments for choking.
- Feeding tubes were not monitored adequately.
- Staff members did not supervise residents during mealtime as required.
- The facility hired an unqualified person.
- Management failed to properly train nursing home caregivers.
- There was a delayed response to a resident’s choking.
- Nursing home staff rushed residents to eat or swallow medication.
Our attorneys have worked with countless families to combat nursing home abuse and neglect in Missouri. If you suspect that something is not right at your loved one’s facility, contact our team as soon as possible. We can look into the incident and explore your legal options.
“At Brown & Crouppen, we handle all types of nursing home neglect and abuse cases. The most common types we see—physical abuse or neglect, emotional abuse or neglect, financial abuse and neglect. Even jewelry missing from the nursing home. I think you got to go with ‘if you see something, say something,’ especially with people in nursing homes—the most vulnerable in our society. You have to use your instincts here. Generally, you don't think something bad is happening to a loved one, but err on the side of caution. Call an attorney. Let them do a little investigation or talk you off the ledge. They may tell you, ‘Oh, that's probably nothing, but we're happy to look into it,’ or, ‘No, no, I'm glad you called. That's a real red flag. That's a nursing home that we've heard a lot about.’ There are repeat offenders who are known for mistreating the residents in their homes, and you just got to go with your gut and call an attorney.”
Do you think a family member is suffering abuse or neglect in a nursing home? Get our free step-by-step checklist explaining signs to look for and how to move forward with a lawsuit.
Use our guide learn how to handle nursing home abuse and neglect, along with key legal considerations and insights.
Should I File an Elderly Choking Lawsuit in Missouri?
Nursing home residents enjoy many rights, including the right to freedom from abuse, neglect, and mistreatment. They deserve to be treated with dignity and receive high-quality quality care while residing in an assisted living facility. Although nothing can change what happened to your loved one, you can hold the responsible party accountable through a nursing home choking accident lawsuit.
Reporting abuse and filing an elderly choking lawsuit are key ways to stand up for your loved one’s rights and prevent similar suffering from happening to others. You can seek compensation for their damages while also bringing awareness to the abuse that so many elders endure in nursing homes. Recent cases of nursing home abuse include the following:
- A family sued a Bay City nursing home after their loved one choked on her food and was found unresponsive at the facility’s dinner table.
- A Chicago nursing home agreed to an $875,000 settlement for a family who lost a loved one in a choking accident after the facility did not follow his physician’s dietary orders.
- A former nursing assistant in Michigan was accused of elder abuse because she ignored care instructions during mealtime. The man choked and died at MediLodge of Richmond.
A nursing home resident in Anaheim choked and died due to the facility failing to follow dietary restriction orders. He was only allowed pureed foods but was given a sandwich instead.
Time Limits To File a Missouri Elderly Choking Lawsuit
The Missouri personal injury statute of limitations is five years from the date of injury. However, a choking accident that results in death must be filed before the three-year wrongful death statute of limitations passes. If the nursing home choking accident was caused by medical negligence, the medical malpractice statute of limitations gives just two years to file a legal claim.
To avoid having your claim dismissed because it was not filed on time, it’s crucial to speak with an elderly choking lawyer as soon as possible to get started on your case. We are here to help.
Speak With an Elderly Choking Attorney in Missouri
If you or a loved one suffered an elderly choking accident while living in a nursing home, our award-winning legal team is ready to fight for accountability and compensation. Reach out online or call (888) 609-5392 to schedule your free consultation with an experienced Missouri elderly choking lawyer.
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- Last Modified:
- June 24, 2024
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