Clogged Breathing Tubes and Choking

Many people in nursing homes face difficulties eating independently and require assistance or supervision to ensure that their airways do not become obstructed. Similarly, a number of nursing home residents rely on breathing tubes to ensure they receive adequate oxygen. Tragically, though, clogged breathing tubes and choking are among the leading causes of death of nursing home residents. While such incidents are usually accidental, nursing homes are often to blame and can be held accountable for any harm suffered. If you were injured or lost a loved one in a nursing home, the seasoned Cape Cod nursing home negligence attorneys of The Law Offices of John C. Manoog, III, can aid you in pursuing justice for your losses. Our lawyers, collectively, have more than one hundred and fifty years of experience helping people pursue claims against nursing homes, and if you hire us, we will fight tirelessly on your behalf. Our dedicated representation has allowed us to obtain numerous multi-million dollar settlements and damages awards for our clients.

Many people in nursing homes have acute or chronic illnesses, such as pneumonia, bronchitis, ALS, multiple sclerosis, or cancer, that impair their ability to breathe. As such, a doctor will insert a breathing tube to help them receive sufficient oxygen. Breathing tubes must be cleaned and inspected regularly so that they do not become clogged with mucus, debris, or food. In many instances, patients with breathing tubes are unable to communicate and will not be able to advise staff members that their tubes are clogged. Thus, they should be checked regularly for signs of distress or inadequate oxygen.

Similarly, some nursing home patients suffer from diseases like dementia, Alzheimer’s disease, and Parkinson’s disease that diminish their ability to eat, making them at higher risk for choking. In many instances, they will require supervision or assistance eating and drinking and may require a modified diet. If they are left unattended while eating, they could choke and suffer oxygen deprivation, brain damage, and death.

Nursing homes have an obligation to abide by state and federal regulations that aim to provide a safe environment and adequate care for their residents. In part, the guidelines require nursing homes to maintain sufficient and properly trained staff members and to provide patients with respiratory care if needed. When nursing homes depart from the duties imposed by the regulations, and patients suffer clogged breathing tubes and choking as a result, the nursing home may be held accountable via a civil lawsuit.

Typically, the plaintiff will allege a negligence claim against this nursing home. Under Massachusetts law, proving negligence requires proof that the defendant owed the plaintiff a duty. In nursing home cases, the duty owed is generally to comply with state or federal regulations or act reasonably under the circumstances. The plaintiff then must show that the defendant’s actions or failure to act constitute a breach of the duty. Last, the plaintiff has to prove that the defendant’s breach proximately caused the harm suffered. In other words, that the plaintiff would not have been injured had the defendant complied with the duties owed. Usually, a plaintiff will need to hire an expert to explain the standard of care imposed on the defendant and the manner in which it was breached.

Nursing homes have a duty to ensure that their residents are safe and well taken care of, and, when they neglect these duties, it can lead to grave harm. If you were hurt or lost a loved one in a nursing home because clogged breathing tubes and choking, you should speak to a lawyer as soon as possible about your rights. The attorneys of The Law Offices of John C. Manoog, III, are dedicated to helping victims of nursing home negligence, and if we represent you, we will gather the evidence needed to provide you with a strong chance of a favorable outcome. We proudly uphold a record of positive results, including many damages awards exceeding one million dollars. We frequently help people pursue claims against nursing homes on Cape Cod, and we can are available to meet for consultations in Hyannis and Plymouth. You can reach us through our form online or by calling us at (888) 262-6664 to set up a conference. Nós Falamos Português.