When a family places their trust in a nursing facility to take care of their loved one, they expect that they will be attentively looked after and treated with respect. This includes ensuring that patients can eat properly without choking or being unable to swallow.

Unfortunately, mistreatment, neglect, and other abuse does arise in care facilities throughout the state, sometimes with severe and even deadly results. A lawyer familiar with claims arising from choking in Michigan nursing homes could help if your loved one has suffered due to a staff member’s neglect. A skillful attorney could investigate the circumstances of a case and determine if you could file a lawsuit against a care facility for their negligent behavior.

The Responsibility of Staff to Prevent Choking

Nursing home staff need to be diligent in their jobs. Most or all staff members are required to be certified in basic life-saving skills, such as the Heimlich maneuver or other techniques to help a choking patient. This is an important skill, which staff might need to rely on in a moment’s notice.

Furthermore, staff must not only have the necessary skills and knowledge to help a resident who is choking or having trouble swallowing, but they also must take other precautions to prevent it from happening in the first place. This includes:

  • Monitoring residents while they are eating
  • Cutting residents’ food into small bites
  • Helping residents avoid foods they could choke on
  • Thicken liquids, as directed, for residents who have difficulty with swallowing

When nursing home staff in Michigan fail to take these and other precautions, residents who require special care and attention are at an increased risk for choking. By not adhering to the standard of care owed to each and every resident, a staff member’s negligent behavior could become the center of a civil lawsuit—especially when a resident suffers severe injuries or death.

Filing a Timely Claim

One of the most important elements of law that potential plaintiffs and their families should be aware of for filing a claim is the statute of limitations. Essentially, this is a deadline by which a valid claim can be filed.

For cases alleging abuse and neglect in a care facility, a potential claimant has two years from the date of the incident to take legal action. While exceptions might exist to this timeframe, reaching out to a qualified lawyer who is familiar with claims arising from choking in Michigan nursing homes might be essential for a potential claimant.

Seek Legal Help for a Claim Based on Choking in a Michigan Nursing Home

When a loved one suffers a severe injury in a care facility, you are likely to be traumatized and overwhelmed. Beyond this, you might be unaware of your options or the legal recourse that may be available to you.

However, a well-versed lawyer who has experiencing handling claims based on choking in a Michigan nursing home could help. The legal system that must be navigated to file a claim is nuanced and complex, requiring extensive knowledge of the law. By enlisting a legal professional at Buckfire & Buckfire, P.C., you could rest assured that you have an experienced ally on your side. To schedule a consultation, call today.

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