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.
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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
The answer may be yes when the facility ignored known risks or failed to respond appropriately to a resident choking. In Ohio, a wrongful death claim can arise when a nursing home breaches its duty of care—such as not assessing swallowing issues (“dysphagia”), serving unsafe food, leaving residents unsupervised at meals, or delaying emergency response.
When you ask 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 and state regulations require appropriate assessments, interventions, supervision, safe feeding, and prompt medical intervention.
Things to consider when investigating a nursing home choking death case include:
If the facility consciously disregarded a known choking risk and provided unsafe foods, we would likely fight for punitive damages.
It refers to preventable failures that violate care standards. Facilities must assess swallowing, tailor diets, supervise meals, and respond quickly to distress. Failure to do any of minimum requirements would be negligence if it led to a resident’s choking death.
Examples of negligence in a nursing home choking case include skipping dysphagia assessments, serving unsafe food textures, leaving high-risk residents unsupervised around foods, or failing to call for help or render aide to a choking resident. Patterns of inspection violations or poor training can help prove the negligence was systemic.
When investigating nursing home choking death cases, we often look to:
The process starts with gathering strong evidence. We obtain medical charts, dietary orders, care plans, incident reports, witness names, and any available video.
In order to prove fault for a choking death in a nursing home, we establish causation by showing how staff actions (or inaction) violating care standards caused the injury. It is not enough that the nursing home was careless (or “negligent”), the carelessness must have caused the choking event (or caused the inadequate response to a choking resident). Survey results from the Ohio Department of Health can also reveal prior neglect patterns, although Ohio law may limit their use at trial.
When putting together evidence to support an Ohio choking death lawsuit, we always:
Ohio law allows recovery for both financial and emotional losses.
Damages may include medical bills, funeral expenses, loss of companionship, and mental anguish. In rare, egregious cases, punitive damages may apply. The lawyers at Eadie Law Nursing Home Injury Lawyers can help quantify these damages under Ohio’s statutes.
The answer is yes. Ohio generally allows one year for medical claims (negligence / pain and suffering), two years from the date of death to file a wrongful death claim, and two years for “ordinary” (non-medical claim) negligence. Given that the only way to recover pain and suffering if the lawsuit is determined to be a medical claim is to file within 1 year of discovery of negligence, you should consult with a lawyer as soon as possible to determine the time frame in which to file a lawsuit.
Reframed, “How long do I have to sue for a choking death?”, this will depend on what type of claim, but you should find a qualified Ohio nursing home injury lawyer to evaluate that well before the one-year timeframe. It’s critical to act quickly to preserve evidence like staffing logs, diet cards, and video footage. Delays can cause key proof to be lost.
If you’re asking, “Can I file a complaint with state authorities after a choking incident?”, yes. Families can and should report suspected neglect to the Ohio Department of Health, which can investigate violations of Ohio and federal regulations.
In order to report a choking incident to regulators, you can submit a written complaint detailing what happened, when, and who was involved. Investigation results can help your civil case to some extent, although Ohio law may limit how certain government evaluations can be used. Reporting the facility can also lead to public statements of deficiency findings or even financial penalties.
If a loved one dies from preventable choking in a nursing home in Ohio, you can:
Yes, nursing homes are legally required to assess residents for choking risks in Ohio. Facilities must evaluate resident needs (and risks) upon admission, quarterly, annually, and with any significant change in condition. The facility must address choking risks with appropriate strategies to eliminate or reduce that risk as much as possible, including consulting with speech therapists and nutritionists.
Nursing homes must evaluate residents with choking or swallowing concerns for dysphagia. Federal and Ohio law require dietary modifications, thickened liquids when prescribed, and adequate assistance and supervision during meals.
We look for nursing homes to have ensured they provide:
In terms of what dietary accommodations should be made for residents with dysphagia, the nursing home must provide all reasonably necessary interventions to address the resident’s individual needs and risks. Safe approaches often include texture-modified meals and individualized supervision and assistance with eating.
In terms of what foods are safe for swallowing problems, the answer depends on clinical evaluation of the individual resident’s swallowing issues. Typical precautions include pureed foods, thickened liquids, slow pacing, and upright positioning.
Specific nursing home interventions can include:
If you ask, “How does understaffing contribute to choking incidents?”, insufficient staff directly increases risk. Too few caregivers means residents may eat unsupervised, receive unsafe food textures from distracted, rushed staff, or not get timely intervention to save a choking resident.
Rephrased, “Why does staffing matter?”, proper staffing ensures supervision, feeding assistance, and immediate response to distress. Low nurse-to-resident ratios are often linked to higher choking rates due to issues like:
The answer is yes. Surviving a choking event can still result in serious injury. One key question for the Ohio nursing home negligence lawyer investigating the case will be whether those injuries are sufficient to justify the costs and time of a lawsuit, and whether the medical evidence is sufficient to prove the choking caused the injuries
Rephrased, “Can I sue for non-fatal choking injuries?”, you can. Negligence leading to brain injury, aspiration pneumonia, or other harm qualifies for a personal injury claim. In any such investigation we should consider:
Care plans are the blueprint for safe care to prevent nursing home choking deaths.
When used correctly, care plans can help reduce choking risk by identifying choking risks, identifying appropriate interventions to reduce or eliminate choking risks, and detailing the dietary textures, supervision levels, positioning, and emergency procedures to keep the resident safe. Care plans addressing choking risk must be personalized to the resident (not be generic), and be updated whenever a resident’s condition changes or there’s concern for increased choking risk.
In addition to a personalized and current care plan addressing choking risks, nursing home must ensure they have:
Yes, there are federal regulations addressing nursing home care standards for choking risks requiring adequate assessment of the risks of choking, as well as individualized planning to reduce or eliminate that risk. .
Under 42 CFR Part 483, nursing homes must provide proper nutrition and supervision to prevent avoidable harm, including choking. These standards are tied to Medicare and Medicaid compliance. This includes:
Surveillance footage in choking cases can be incredibly important evidence, both in terms of proving the choking claim and giving the jury a visceral understanding of what was involved and how the facility responded. While not always available, video can make or break a nursing home choking death claim.
Rephrased, “Why is video important?”, it shows what actually happened—who was present, how quickly staff responded, and whether proper supervision occurred–as well as helping viewers understand or imagine what it was like to choke. Video often:
Yes, you can access your loved one’s medical records from the nursing home, provided you are the POA (if they are alive). Families and legal representatives have that right under HIPAA and Ohio law.
Rephrased, “How do I get the chart?”, submit a written request identifying yourself as the personal representative or next of kin (if you are!). Nursing homes must provide the complete record within a reasonable timeframe. Be sure to:
They must be trained to recognize and respond to swallowing issues.
Rephrased, “What skills prevent choking?”, staff should know how to identify dysphagia, prepare proper food textures, supervise meals, and perform the Heimlich maneuver.
Choking incidents in nursing homes are unfortunately frequent. Many residents suffer from neurological or swallowing disorders that increase risk, and many nursing homes are understaffed, undertrained, or undersupervised.
Rephrased, “How often does choking occur?” Rates vary, but studies show a high prevalence of dysphagia in long-term care settings, meaning nursing homes must always take resident choking risk seriously. Proper screening and supervision are critical. In short:
Aspiration pneumonia is a lung infection caused by inhaling food or liquid into the airway and lungs. Such contaminants can lead to infections that can cause death. Aspiration pneumonia is related to choking because “choking” can lead to inhaling food or fluids (“aspiration”), even if the resident is able to recover from choking (clear their airway).
Rephrased, “How does choking cause pneumonia?”, improper swallowing or choking can introduce bacteria into the lungs, leading to infection and hospitalization that can be deadly Aspiration pneumonia is generally:
Yes, families can request transfers at any time, which is made easier with an acute hospitalization or if therapy is ordered.
Rephrased, “How do I change nursing homes?”, coordinate care with the new facility to ensure proper diet and supervision continue without interruption.
When you ask, “What legal recourse do I have if the nursing home denies responsibility?”, you still have options.
Rephrased, “What can I do after a denial?”, you can gather evidence, consult a lawyer, and pursue an investigation (and, if needed, litigation) if negligence is supported by the facts. Be sure to:
The answer is yes.
National and local advocacy groups offer education, emotional help, and community for families experiencing similar loss. Support can include:
In Ohio, for example, there are hospice and other groups that offer grief counseling, there are groups like Elderly Advocates that strive to empower residents and families through education, resources, direct support, and networking with peers in similar situations.
When you’re worried about them choking or aspirating, being proactive makes a difference.
Rephrased, “What steps improve eating safety?”, visit often, ask questions about supervision, and monitor diet adherence. If you witness near-choking, coughing while eating, difficulty swallowing, pocketing food, or other concerning behaviors, report them to a nursing supervisor right away, ask for a speech or dietary consult, and ask for a care conference to address the concerns. You might also want to:
Being an active, involved, and (as needed) pushy advocate for a loved one can be the difference between them getting good care or being left to the risks of choking or aspirating.
There are signs and symptoms of dysphagia nursing homes should watch for and address (assess, report) in order to prevent residents from choking or aspirating. Early recognition of swallowing issues saves lives by avoiding choking or aspiration events.
When our nursing home lawyers investigate choking death cases, we look for signs and symptoms of swallowing difficulty (“dysphagia”) the nursing home missed or ignored. When nursing homes ignore warning signs of swallowing issues, that is evidence that they did not provide adequate care to prevent the choking death or aspiration event., We look for coughing, choking, drooling, pocketing, and repeated respiratory infections.
Warning signs of aspiration nursing homes might ignore include:
Yes, you can file a lawsuit if your loved one was not properly assessed for choking risks and they ended up choking to death as a result.
A nursing home’s failure to assess choking risks for any resident with cognitive issues, dysphagia, or other choking risks is a legal issue we investigate after a nursing home choking death. These failures can be evidenced by a nursing home not conducting swallowing evaluations, not referring residents with choking risks to a speech language pathologist, or ignoring signs or symptoms of swallowing difficulty. Ignoring choking risks signs, or symptoms of swallowing issues, can be a breach of duty if it leads to injury or death.
We also look for:
Speech-language pathologists play an important role in preventing nursing home choking deaths by evaluating choking risks and swallowing issues so they can be treated. SLPs are essential in dysphagia management.
SLPs should test swallowing ability, prescribe safe diet textures, and train staff on safe feeding practices. The often:
When we investigate choking deaths in long term care facilities, our lawyers look at whether there was a referral to an SLP, what evaluations, recommendations, and orders the SLP issued, and whether the nursing home o rLTC facility followed them. Sometimes the issue is an improper SLP evaluation, but more often the issue is the nursing home failing to follow their directives.
Yes, there are penalties for nursing homes found negligent in choking deaths, starting with the verdict in a civil case, which can include punitive damages under some circumstances. In addition to civil litigation, nursing homes that negligently allow a resident to choke to death may face state and federal civil and/or criminal penalties, including being cited.
Rephrased, “What happens when neglect is proven?”, it depends on the forum. For civil litigation (what we do), the facility will be liable for any verdict. Fines, corrective action plans, and loss of certification may follow state investigations, in addition to damages awarded in civil court. Nursing homes can face:
Malnutrition in a resident who dies from preventable choking could be related to choking risk, because malnutrition weakens swallowing muscles and prolongs eating time, raising aspiration risk. Malnutrition may also be a sign of choking risk due to swallowing difficulties or cognitive decline. Additional overlap between malnutrition and choking death risk includes that:
If you suspect a cover-up of a choking death in a nursing home, immediate action is key. If you are the estate representative or have other legal authority, you can request all records, document communications, and contact an attorney to investigate. When we start investigating a suspicious nursing home death that may involve choking, we will routinely:
Yes, you can sue for emotional distress caused by a loved one’s choking death under Ohio’s Wrongful Death law, as next of kin.
Ohio law allows mental anguish and loss of companionship damages in wrongful death cases, including when the death is caused by negligent care resulting in a choking death. Note you will want to contact an Ohio nursing home injury lawyer like us, and the claims are brought by the decedent’s estate, not each family member individually.
In summary, when it comes to non-economic harms you can recover as next of kin for a nursing home choking case:
When looking for the right attorney for a nursing home negligence choking death case, experience is everything. You want lawyers who focus exclusively on nursing home cases, like we do, and who have experience with choking death cases.
In terms of what makes a good lawyer for this type of case, choose one focused on nursing home injury law with proven results and good client communication. Specifically consider whether they have:
Yes, you can take legal action if your loved one choked to death in a nursing home but no staff were nearby, provided your loved one required supervision or assistance while eating, or was a known choking risk abandoned while eating, or under other similarly negligent circumstances.
Rephrased, “Is lack of supervision neglect?”Leaving a high-risk resident unsupervised during meals violates care standards and can be grounds for liability. In summary:
If your loved one chokes in a nursing home but recovers without major injury, you may technically have a case, but may not have sufficient damages to justify pursuing a lawsuit. An Ohio nursing home injury lawyer can assess the viability of the claim in light of the available damages.
If a nursing home’s negligence leads to a resident choking, there is definitely a claim for that negligence, and choking is itself a “harm.” The question is whether the damages you could recover would ever be more than the expenses of pursuing a medical claim. This is especially true given Ohio’s damage caps limiting recovery for non-death cases.
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.
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.
