Choking Incidents in Nursing Homes

Choking Incidents Are Not Just Accidents—They’re Often the Result of Neglect

For elderly nursing home residents—especially those with swallowing disorders or mobility limitations—something as routine as eating a meal can become life-threatening without proper care. Choking incidents are far too common in long-term care facilities, and many are entirely preventable.

At The Higgins Firm Nursing Home Abuse Lawyers, we work with families nationwide whose loved ones have been seriously injured or killed due to choking events that should never have happened. Our mission is simple: investigate the cause, expose any neglect, and hold the facility accountable.

Why Nursing Home Residents Are at Risk of Choking

Choking occurs when the airway becomes partially or fully blocked, cutting off oxygen to the brain. For elderly residents, this can happen quickly and silently—often without any ability to call for help.

Contributing Risk Factors:

• Dysphagia (swallowing difficulty) – Common among stroke survivors, individuals with Parkinson’s disease, Alzheimer’s, and other neurologic conditions
• Dementia or cognitive impairment – Residents may forget to chew, overfill their mouths, or attempt to eat without supervision
• Medication side effects – Sedatives or antipsychotics may reduce swallowing reflexes
• Poor dentition or ill-fitting dentures – Difficulty chewing increases choking risk
• Fatigue or muscle weakness – Residents may lack strength to swallow safely

Without appropriate dietary adjustments, supervision, and emergency response plans, these residents are at extreme risk.

How Facilities Can Prevent Choking

Choking prevention in nursing homes requires a combination of clinical assessments, staff training, dietary protocols, and direct supervision.

When these measures are ignored—or inconsistently applied—residents can choke, lose consciousness, and suffer brain damage or death within minutes.

Warning Signs of Negligence in Choking Cases

Not every choking incident is caused by neglect—but many are. Our investigations often reveal a pattern of carelessness, cost-cutting, or poor training.

Red flags may include:

• Resident placed on a regular diet despite known swallowing issues
• Lack of documented swallowing evaluations or care plan adjustments
• Resident left to eat alone or fed too quickly
• Staff delayed in recognizing signs of choking
• No staff on-site trained in emergency intervention
• Facility failed to notify family after the incident
• Choking led to preventable aspiration pneumonia or death

These aren’t isolated errors—they’re often indicators of systemic neglect.

Medical Consequences of Choking Incidents

Even non-fatal choking can cause long-term damage in elderly residents. We’ve represented families in cases involving:

• Anoxic brain injury due to oxygen deprivation
• Aspiration pneumonia from inhaled food or liquids
• Tracheostomies or other invasive procedures following emergency airway blockage
• Hospitalization and prolonged recovery
• Death within minutes, especially when staff fail to respond

Swift recognition and immediate intervention are the difference between recovery and tragedy.

What the Law Requires of Nursing Homes

Under the Nursing Home Reform Act, facilities are required to:

• Assess and monitor residents for choking risk
• Create and implement individualized dietary and feeding plans
• Train staff in safe feeding techniques and emergency procedures
• Maintain adequate staffing during meals
• Document any incidents and notify families promptly

Failing to meet these obligations may constitute negligence, wrongful death, or a violation of your loved one’s federally protected rights.

How The Higgins Firm Nursing Home Abuse Lawyers Investigate Choking Cases

When we take on a choking injury or death case, our team:

• Obtains medical records, care plans, and dietary orders
• Reviews meal logs and supervision protocols
• Interviews witnesses, staff, and former employees
• Consults medical and nursing experts, including speech-language pathologists
• Determines whether federal or state care standards were violated
• Builds a clear case timeline to establish liability and damages

You deserve answers. We help you get them.

Compensation for Choking-Related Harm

If a nursing home’s failure led to your loved one’s injury or death, you may be entitled to:

• Medical and hospitalization costs
• Pain and suffering
• Compensation for cognitive or physical disability
• Wrongful death damages
• Funeral and burial expenses
• Punitive damages for reckless disregard or repeated violations

Every case is personal. Our goal is to help your family find closure and justice.

Nationwide Representation You Can Rely On

From our office in Nashville, TN, The Higgins Firm Nursing Home Abuse Lawyers represents families in all 50 states. Whether your case involves a small local facility or a large national nursing home chain, we’re prepared to fight for your loved one’s rights—and your family’s peace of mind.

Call Today to Speak with a Nursing Home Choking Injury Attorney

If your loved one suffered serious harm or passed away after choking in a nursing home, don’t wait. These cases require immediate legal and medical review to preserve critical evidence and determine what went wrong.