The unexpected loss of a loved one is always a painful experience. When death occurs in a nursing home due to choking, it raises significant questions about the quality of care provided. Understanding your legal rights and the nursing home’s responsibilities is essential during this tragedy.
What constitutes neglect in a nursing home?
Missouri law defines neglect in nursing homes as a failure to provide the services necessary to maintain a resident’s physical and mental health. This includes proper nutrition and hydration. Missouri Revised Statutes (MRS) defines abuse and neglect. Nursing homes must assess residents for choking risks. Residents with dysphagia or other conditions that increase choking risk need a care plan. The plan should include diet modifications and supervision during meals. Some actions that build up to support neglect in the facility may be:
- Failing to provide adequate staff training on choking prevention
- Failing to follow physician’s orders regarding diet and feeding
- Leaving residents unattended during meals
A failure to implement these measures can constitute neglect. If a nursing home does not provide a safe environment or proper supervision and a resident choked to death, it could be liable.
What legal options do you have after a choking incident?
If you believe neglect contributed to your loved one’s choking death, you have legal options like filing a claim against the nursing home for negligence. However, you must prove the nursing home did not do its duty of care to your loved one. You must show they breached that duty, and this breach caused the death. Missouri law allows families to recover damages for medical expenses, funeral costs and emotional distress.
How can legal counsel help?
Pursuing a legal claim can be complex. Missouri’s legal system has specific rules and procedures. An attorney can go through the facts of your case. They can gather the evidence you need and build a convincing case on your behalf. They will help you obtain the compensation you deserve and allow you to focus on grieving and healing.
