Nursing home residents often need help eating safely. Some have trouble chewing or swallowing due to illness, age or other health conditions. Without proper care, they may choke on food or drinks.
In Delaware, nursing homes have a duty to protect residents from preventable harm. When staff ignore swallowing problems or fail to follow feeding precautions, the facility may face a negligence claim.
How can nursing homes prevent choking injuries?
Delaware’s nursing facility regulations require facilities to meet federal care standards. These standards help ensure that residents receive care based on their health needs, including help with eating and swallowing.
To reduce choking risks, nursing home staff should follow each resident’s care plan. Depending on their needs, precautions may include:
- Serving soft or pureed foods
- Providing thickened liquids when prescribed
- Helping residents sit upright during meals
- Supervising residents who have trouble swallowing
- Watching for coughing or choking
These steps can help reduce choking risks during meals. However, staff must also watch for changes in a resident’s ability to swallow and seek medical guidance when necessary.
When can a choking injury lead to liability?
Under Delaware law, neglect includes failing to meet a resident’s physical needs or follow a prescribed treatment plan. However, a choking injury does not automatically mean a nursing home acted negligently. The facility may face liability if staff failed to take reasonable steps to prevent a known choking risk.
For example, a resident may have a medical order requiring soft foods and supervision during meals. If staff serve regular food and leave the resident alone, a resulting choking injury could raise questions about negligence.
To support a negligence claim, the injured resident or family generally must show that the facility failed to meet its duty of care and that this failure caused harm.
How can families protect their loved ones?
After a choking injury, families can request medical records, care plans and information about the incident. These documents may help explain whether staff followed the resident’s feeding instructions.
Families may also consider speaking with an attorney who handles nursing home negligence cases. An attorney can review the evidence, explain the family’s legal options and help determine whether the circumstances support a claim.