Here at Eadie Law, we focus on handling cases involving residents’ choking accidents or deaths in nursing homes.
Nursing home residents should never choke or suffocate in nursing homes – choking and suffocation deaths in nursing homes are preventable. Unfortunately, more than half of the people who die from choking each year are above the age of 74, as per the National Safety Council.
We are dedicated to uncovering the truth and seeking justice for families who have lost loved ones to preventable choking incidents in nursing homes.
Consultations For Nursing Home Issues
Years of
Experience
Recovered
For Clients
Years of Recognition on Super Lawyers
Superb Rating
on Avvo
Our fulfillment as attorneys comes from the successful outcomes we secure for our clients and from knowing that we are part of a larger movement toward accountability and improved care in nursing homes.
When a person begins to choke, nursing home staff only have minutes to act. This is why it is so important to prevent choking before it occurs.
However, when it does occur, nursing home staff must be prepared to recognize the signs of choking and act immediately. Without immediate action, death by choking is certain.
No nursing home resident should ever be at risk of choking or suffocating while under their care.
A persistent cough or gagging sound could indicate that someone is choking
They may frantically point to their throat or mouth and appear panicked
A sudden loss of speech could signal that a person is unable to breathe
A person choking may grab their throat with their hand, indicating a blockage
A high-pitched whistling sound while breathing, especially during exhalation
If someone loses consciousness, their airway could be blocked
A bluish discoloration of the lips, fingers, or toes indicates a lack of oxygen
A choking victim may be unable to make any sound and appear distressed
Nursing homes must provide a safe environment for their residents. Duties of any nursing home facility to avoid elder choking include:
Therefore, if the above responsibilities are taken seriously to ensure the well-being of every resident, there is no other justification for a nursing home resident to ever die from choking.
With a personalized approach to each case, our team offers guidance and support beyond legal advice.
Analysis to understand the extent and cause of injuries
Open dialogue to address your fears and concerns
Improving safety standards across all of Ohio
If you’re asking, “Do I have a case if my loved one choked to death in an Ohio nursing home?”, the answer may be yes when a facility ignored known risks or failed to respond appropriately. In Ohio, a wrongful death claim can arise when a nursing home breaches its duty of care—such as not assessing dysphagia, serving unsafe textures, leaving residents unsupervised at meals, or delaying 911.
Asking again, “Do I have a case for a choking death?”, you likely do if records show risk factors were known (stroke, dementia, Parkinson’s), care plans weren’t followed, or staff failed to act. Federal standards (42 CFR Part 483) and Ohio resident rights require safe feeding and prompt response.
When you ask, “What constitutes negligence in nursing home choking cases in Ohio?”, think preventable errors that violate care standards. Facilities must assess swallowing, tailor diets, supervise meals, and respond immediately to distress. Negligence appears when those steps are skipped or poorly executed and harm results.
Reframed, “What makes a choking case negligent?”—examples include no dysphagia assessment, serving solids to a puree‑order resident, leaving high‑risk residents alone, or failing to call 911. Patterns revealed in inspection reports, staff training gaps, and chart inconsistencies can prove breach and causation.
“How can I prove the nursing home was at fault in a choking death?” starts with preserving evidence immediately. Request the chart, dietary orders, care plans, MAR/TARs, incident reports, witness names, and any video. Document bruising, trays, or utensils and note times and staff present.
Asked differently, “How do I prove fault for a choking death?”, you build causation with timelines (who was where, doing what) and standards (facility policies, CMS requirements). Regulatory findings and Ohio Department of Health survey results can corroborate systemic failures.
When you ask, “What compensation can I seek in an Ohio choking wrongful death?”, Ohio law allows recovery for medical bills, funeral expenses, loss of companionship, and mental anguish. In rare, egregious cases, punitive damages may be available, though standards are strict.
Put another way, “What damages are available for a nursing home choking death?”, both economic and non‑economic losses may be claimed. An attorney from Eadie Law Nursing Home Injury Lawyers can calculate case‑specific losses and navigate caps and proof requirements.
“Is there a time limit to file a lawsuit in Ohio for a nursing home choking death?” Yes—Ohio generally provides two years from the date of death for wrongful death claims (see Ohio Rev. Code §2125.02). Missing the deadline usually bars the case.
Asked again, “How long do I have to sue for a choking death?”, act quickly. Early legal action helps preserve video, staffing logs, diet cards, and witness memories that can disappear or degrade.
If you’re asking, “Can I file a complaint with state authorities after a choking?”, yes. Families can report suspected neglect to the Ohio Department of Health, which oversees surveys and compliance for nursing facilities.
Rephrased, “Can I report a choking incident to regulators?”, you can submit a detailed complaint with dates, names, and what happened. Regulatory findings can support a civil case by documenting rule violations.
When a nursing home resident shows signs of choking, staff should act immediately. The nursing home staff should be knowledgeable of the signs and preventative measures.
“What dietary accommodations should be made for dysphagia?” Typically, texture‑modified diets (puree/mechanical soft), thickened liquids, pacing, and positional strategies, plus staff assistance for high‑risk residents.
Rephrased, “What meals are safe for swallowing problems?”, the safest plan is the one an SLP and physician order—backed by monitoring for tolerance and timely revisions if coughing, wet voice, or weight loss appears.
“How does understaffing contribute to choking?” With too few trained staff, mealtime supervision lapses, diet errors go unnoticed, and emergency response is slower—each increases risk.
Asked again, “Why does staffing matter for choking?”, adequate staffing ensures high‑risk residents receive hands‑on assistance and immediate help if distress occurs.
“Can I sue if my loved one survived but was injured?” Yes—personal injury claims may cover brain injury, aspiration pneumonia, extended hospitalization, or new disabilities caused by negligent feeding or delayed response.
Reframed, “Is there a case for non‑fatal choking?”, if negligence led to harm, you can pursue compensation for treatment, rehab, pain, and loss of function.
“What role do care plans play in preventing choking?” They are the blueprint for safe feeding: diet texture, supervision level, positioning, and emergency steps tailored to each resident.
Asked again, “How do care plans reduce choking?”, by translating assessments into clear, actionable staff instructions and updating promptly when conditions change.
“Are there federal regs for choking risks?” Yes—42 CFR Part 483 requires facilities to ensure adequate nutrition, safe feeding, and supervision consistent with each resident’s needs.
In other words, “Do national standards require dysphagia safety?”, they require assessment, care planning, competency, and quality assurance to prevent avoidable harm.
“What is the significance of surveillance footage?” Video can confirm meal supervision, timing, and staff response—key facts that determine liability.
Rephrased, “Why is video crucial?”, it provides an objective timeline to compare to charting and witness accounts, often revealing gaps.
“Can I access my loved one’s medical records?” Yes—authorized personal representatives can request records. Facilities must produce them within set timeframes under privacy rules.
Asked another way, “How do I get the chart after choking?”, make a written request, prove authority, and ask for the full chart, including diet orders and incident reports.
“What training prevents choking?” Staff should be trained to recognize dysphagia, prepare safe textures, supervise high‑risk residents, and perform emergency measures.
Reframed, “Which competencies matter?”, meal assistance, pacing, positioning, and immediate activation of emergency response.
“How common are choking incidents?” They’re not rare among residents with neurologic disease or frailty, where dysphagia rates are high.
Asked again, “How often does choking happen?”, frequency varies by facility practices, staffing, and case mix—but vigilant screening and supervision reduce risk.
“What is aspiration pneumonia, and how is it related to choking?” It’s a lung infection from food/liquid entering the airway, often after aspiration or choking.
Rephrased, “How does choking cause pneumonia?”, impaired swallowing allows material into the lungs, causing infection, hospitalization, or death without prompt care.
“Can I move my loved one after choking?” Yes—families may transfer residents for safer care.
Asked again, “How do I change facilities?”, coordinate a safe handoff, ensure the new team has SLP/diet orders, and verify strong mealtime staffing.
“What if the home denies responsibility?” You can still investigate, preserve evidence, and file suit if negligence caused harm.
Rephrased, “What are my options after a denial?”, build proof through records, witnesses, and expert review. Denials are common; evidence decides cases.
“Are there support groups for families?” Yes—community and advocacy organizations provide information and emotional support.
Restated, “Where can families find support?”, look for reputable elder safety groups and local grief resources while your legal case proceeds.
“How can I ensure safety?” Be present, ask specific questions about mealtime supervision, and review updates to the care plan.
Rephrased, “What proactive steps reduce risk?”, unannounced visits, mealtime observations, and documenting any concerns for follow‑up.
“What signs of dysphagia should I watch for?” Coughing during meals, wet/gurgly voice, prolonged eating, pocketing food, weight loss, or recurrent chest infections.
Asked again, “How do I spot swallowing problems?”, look for fatigue during meals, throat clearing, or fear of eating—all triggers for reassessment.
“Can I sue for failure to assess choking risk?” Yes—assessment is a baseline requirement; skipping it can constitute negligence if harm follows.
Rephrased, “Is lack of assessment a case?”, you must show duty (required assessment), breach (no/poor assessment), and causation (choking and injury/death).
“What is an SLP’s role in preventing choking?” SLPs test swallowing, determine safe textures, and train staff in feeding techniques and pacing.
Asked again, “Why involve an SLP?”, their recommendations drive care plans and must be followed and updated after any incident.
“Are there penalties for negligent choking deaths?” Yes—administrative fines, loss of certification, and civil judgments may apply.
Rephrased, “What happens when neglect is proven?”, facilities can face sanctions and must implement corrective action plans; civil cases seek compensation for families.
“How does malnutrition increase choking risk?” Weakness and fatigue impair chewing and swallowing coordination, raising aspiration risk.
Asked again, “Why does poor nutrition matter?”, inadequate intake leads to sarcopenia, slower oral transit, and more mealtime complications.
“What if I suspect a cover‑up?” Move fast: put the facility on notice to preserve evidence, request the complete chart, and document all conversations.
Rephrased, “How do I respond to suspected concealment?”, secure witness names, seek video, and consult counsel to pursue subpoenas if needed.
“Can I sue for emotional distress after a choking death?” In Ohio, wrongful death claims may include mental anguish and loss of companionship for statutory beneficiaries.
Asked again, “Are grief damages available?”, yes—subject to proof standards and the facts of the case; an attorney can explain valuation.
“How do I choose the right attorney?” Look for focused experience in nursing home negligence and choking/dysphagia cases in Ohio courts.
Restated, “What should I look for?”, proven results, litigation readiness, medical knowledge, and clear communication—qualities embraced by Eadie Law Nursing Home Injury Lawyers.
“Can I take legal action if no staff were nearby?” Yes—lack of supervision for a known high‑risk activity like eating often breaches care standards.
Rephrased, “Is unsupervised mealtime neglect?”, if the resident required assistance or supervision and was left alone, that failure can establish liability.
Many elderly and disabled people have problems swallowing which could result in choking, and aspiration. Choking aspiration is food or fluid entering the lungs.
According to an article on WebMD, aspiration is more common in those who have difficulty swallowing. Dysphagia, or difficulty swallowing, affects up to 15 million people in the US. It could be a passing phase or a symptom of something more serious.
The inability to swallow can be caused by a variety of conditions. A study published in the National Center for Biotechnology Information describes the various manifestations of Presbyphagia, which refers to age-related changes in the swallowing process:
Other common conditions that affect swallowing include:
It’s important for nursing home staff to be knowledgeable of these choking factors and capable of preventing choking incidents. Failure to do so should hold nursing homes accountable for any resulting damages.
According to data in Statista, the likelihood of one dying from choking on food is around 1 in 2,659 in the United States.
In the same data, it is reported that around 5,325 choking deaths happened in 2021. Choking deaths are more common in the elderly, with food being the most common cause.
Given the frequency of choking deaths among the elderly, nursing homes should prioritize creating a choking-free environment for their residents.
A person with dementia or brain injury may have trouble recognizing food in the mouth. They may also not recall how to swallow. It is also common for patients to become confused about the order of how to eat food. This results in them attempting to swallow food before chewing it. Holding food in their mouths or “pocketing” without swallowing it is another prevalent issue with dementia patients.
Dementia is caused by a number of disorders that affect memory, behavior, thinking, the ability to perform activities of daily living. It is more of a category of disorders than a specific disease.
More than 5 million people in the United States are affected by some form of dementia.
In an 18-month study including 323 nursing home patients with advanced dementia, 86% of them showed signs of eating problems, such as difficulty swallowing or digesting food, unwillingness to eat or drink, possible dehydration, and consistently reduced oral intake.
“Are nursing homes required to assess residents for choking risks?” Yes—facilities must evaluate swallowing (dysphagia), nutrition, and supervision needs at admission and with condition changes, and then update care plans.
Asked another way, “Must the home test for dysphagia and adapt care?”, they must. Standards require safe textures, thickened liquids when ordered, and appropriate assistance at meals.
