Nursing Home Choking Injury Lawyer in San Antonio, TX
Choking Injuries in San Antonio Nursing Homes
We all know that aging poses a lot more health risks. Your body starts slowing down, your immune system suffers, and your daily mobility becomes a challenge. But did you know that the risk of choking accidents also increases in your elder years? In fact, thousands of elderly people die from choking every year in the U.S. Many of these choking incidents happen in nursing homes. In some cases, these tragic choking accidents can be indications of nursing home neglect and abuse. If your elderly loved one has suffered one or more choking injuries (or has died from a choking accident), contact a nursing home choking injury lawyer at Janicek Law. We will thoroughly investigate your claim and fight for appropriate compensation on your behalf. Call us today at 210-366-4949 for a free consultation.
How Many Elderly People Die from Choking Every Year?
According to the National Safety Council, choking incidents are the fourth leading cause of unintentional injury death in America. Unfortunately, choking deaths are the most common among elderly people and nursing home residents. The NSC says that 5,051 people died from choking in 2017, and more than half of those choking victims were over the age of 74.
How Do Choking Injuries and Deaths Happen in Nursing Homes?
Choking injuries and deaths can happen to elderly people for a variety of reasons. Listed below are the most common causes of choking incidents in nursing homes.
- Difficulty Swallowing or Dysphagia: Some elderly people struggle to swallow their food and water due to neurological disorders, neurological damage, side effects from medications, etc.
- Sjogren’s Syndrome is a health condition that causes people to have dry eyes and a dry mouth. A decrease in saliva, which helps break down food, is certainly a choking hazard.
- Dental Problems: Many elderly people have dentures or suffer from poor dental health in general. Dental problems can make it difficult to properly chew food and swallow without choking.
- Cancer: Some types of cancer can cause esophageal blockages which certainly raises the choking risk.
- Mouth Sores can also cause elderly people to struggle with chewing and swallowing.
What is a Swallow Test for Nursing Home Patients?
If a nursing home resident struggles with swallowing, they may have to undergo a swallow test. The test can be a bedside one with minimal equipment, or it can involve real time x-ray images of the throat. In the bedside swallow test, a doctor may do a physical examination of the throat muscles required to swallow properly. Then, the elderly person must swallow different substances.
Meanwhile, some dysphagia sufferers undergo a swallow test that involves real time x-ray images. In this type of test, elderly people must swallow a barium and food mixture. The barium allows doctors to clearly see the person’s throat movements on the x-ray images.
If either test reveals that the nursing home patient is struggling to swallow, their doctor will create a specific care plan to eliminate choking hazards.
How Long Does it Take to Die From Choking?
A choking victim can lose consciousness very quickly due to airway obstruction and lack of oxygen to the brain. However, if choking continues, victims can experience brain death in approximately 4 to 5 minutes.
What To Do When an Elderly Person is Choking
If a senior citizen begins choking, you must act quickly to prevent serious injuries or death. If they are coughing forcefully, this is an indication that they can still breathe. Coughing alone may be able to clear the obstructing object. But if you notice the person turning blue or struggling to talk, cough, or breathe, that’s when you need to step in. The best way to save anyone from choking is to perform the heimlich maneuver.
Heimlich Maneuver
In order to perform the heimlich maneuver, follow these steps.
- Stand behind the choking victim and place one of your legs between their legs to keep them stable.
- Wrap your arms around their abdomen.
- Place the thumb side of your fist just above the belly button and put your other hand on top of that fist.
- Begin abdominal thrusts until the victim coughs up the foreign object. In other words, jerk your fists up into the victim’s abdomen.
- If the choking victim is pregnant or just very frail, you can perform chest thrusts instead.
- Even when the choking stops, call 911.
CPR
If the heimlich maneuver doesn’t work and the victim loses consciousness, you must perform CPR to prevent brain damage or death. Even if you have no prior CPR experience or training, you could still save a life by following the steps below.
- First, tilt the victim’s head and lift their chin in order to open their airway.
- Next, give them two rescue breaths.
- Begin compressing the victim’s chest at a rate of 100 beats per minute. If you’re struggling to keep count, just do chest compressions at the beat of the song “Stayin’ Alive” by the Bee Gees.
- After you’ve done 30 chest compressions, give the victim 2 more rescue breaths.
- Repeat until medical professionals arrive.
How Should a Nursing Facility Prevent Choking?
In most cases, choking incidents are preventable when nursing home staff take the correct precautions.
Because most choking incidents among nursing home residents occur due to too much food (or even medications) entering the windpipe instead of the esophagus, the best prevention methods are dietary restrictions. If nursing staff members notice that residents are struggling to chew and swallow on a regular basis, they may first order a swallow test and then implement the proper diet. For example, senior citizens with dysphagia may require a liquid or soft foods diet. Additionally, they may have to take liquid or dissolvable forms of their daily medications.
If certain medical conditions – such as neurological disorders or cancer – raise choking risks, nursing staff must provide the proper treatment through their doctor’s orders. This may include a diet change, the correct medications, and monitoring the patient while they’re eating.
How is a Choking Accident a Sign of Nursing Home Abuse or Neglect?
As stated previously, nursing home choking accidents are largely preventable. If your elderly loved one has suffered one or more choking accidents, this may be a sign of nursing home neglect or abuse.
Nursing homes are required to protect and care for all of their residents. If that means they have to switch a resident from solid foods to soft foods in order to prevent them from choking on food and suffering oxygen deprivation, they must do so. Eliminating choking risk factors is an essential part of many senior citizens’ care plans.
What’s worse is if a nursing home resident suffers wrongful death from a choking accident. Death from choking indicates that not only did the nursing home staff fail to prevent choking to begin with, but they also failed to provide adequate first aid (e.g. the heimlich maneuver or CPR) in order to save the resident.
If it’s evident that the nursing home is failing to prevent choking time and time again, you may have grounds to pursue legal action.
How to Prove Nursing Home Negligence
In order to prove nursing home abuse and neglect, you must prove the legal theory of negligence. San Antonio elder abuse attorneys at Janicek Law can help you do this.
- Duty of Care: Nursing homes and long-term care facilities owe a specific duty of care to their residents. They must protect them from harm, fulfill all their basic needs, and keep them as content and comfortable as possible.
- Breached Duty of Care: The nursing facility failed to prevent choking, serious injuries, or death from choking. Therefore, they breached their required duty of care.
- Causation: The nursing home resident choked as a direct result of the nursing home’s breached duty of care.
- Damages: The resident suffered many types of damages from the choking accident and they should receive proper compensation for these damages.
Damages for Choking Injuries and Death in a Nursing Home
Nursing home patients (and their families) can recover a variety of damages from a dangerous choking accident, including:
- Past and future medical bills associated with severe injuries from choking
- Past and future rehabilitative bills associated with a traumatic brain injury related to choking, for example
- Physical pain and suffering
- Emotional distress
- Funeral and burial costs if the choking incident resulted in wrongful death
Call a Nursing Home Choking Injury Lawyer Today
At Janicek Law, we are passionate about defending the defenseless in nursing homes. Choking injuries and deaths are unfortunately far too common among nursing home residents. By filing a nursing home abuse and neglect case with our legal team, you’re not only protecting your loved one from further danger, but you’re also fighting for better care for other senior citizens. If you’re searching for justice and compensation for your elderly loved one, look no further. Call our law firm today at 210-366-4949 to start an attorney-client relationship with us.Practice Areas
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Carmen8 October 2026Trustindex verifies that the original source of the review is Google.
Great communication and follow through. Professional, kind, and caring individuals.![]()
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Mr. Andrew Skemp and Gabby his assistant are the best. Very knowledgeable and were amazing in my case. I am very pleased and thankful of the outcome. If I could give more stars I would. I extremely and highly recommend them.![]()
Natasha Garza31 August 2026Trustindex verifies that the original source of the review is Google.
We had an amazing experience with Janicek Law from beginning to end. Karen Rangel recommended us to Cassidy Muniz, and we are so thankful she did. Cassidy assisted myself, my husband, and our two daughters, and all four of us are extremely happy with the experience and outcome. Cassidy truly went above and beyond for our entire family. She was always responsive, patient, professional, and helpful, and she kept us informed throughout the entire process. Everything went smoothly, we had no issues, and she made what could have been a stressful situation so much easier for us. The entire team at Janicek Law is amazing, and we felt like we were in great hands from start to finish. We are incredibly grateful to Karen for recommending Cassidy and especially grateful to Cassidy for everything she did for our family. We would 100% recommend Cassidy and Janicek Law to anyone looking for a team that truly cares about their clients. Thank you all so much for everything! ❤️![]()
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We were referred to Janicek Law firm from a lawyer in Brownsville, who pointed out that they are experts in the field of medical malpractice and I am so grateful. We worked with Andrew and Gaby and they were dedicated and worked hard to get us the best possible outcome. They kept us informed and updated through every step of the process, always with a friendly and very professional disposition. Despite language and distance challenges, they accommodated all of our needs, and I would highly recommend Janicek Law Firm. They made a bad situation better by listening to our concerns, helping us through a sorrowful time for my family, and advising on how to defeat our opponent. For any families that have a beloved and elderly relative who suffered in the hands of callous and neglectful medical institutions, Janicek Law Firm were amazing in advocating for our relative and making these corporate entities accountable. Thank you, Andrew and Gaby, we really appreciated your help!![]()
Heidi Soto8 August 2026Trustindex verifies that the original source of the review is Google.
Mr Bernal and Karen were great. They always kept me up to date on all that was going on at all times. When it came down to mediation Mr Bernal knew exactly what to do and say to make things clear with the insurance company who wanted to take advantage of me. I highly recommend Mr Bernal if you ever are in an accident. He will definitely take care of you.![]()
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I am beyond thankful for everyone at Janicek law for the professionalism, dedication, and support you all have showed throughout my lawsuit. From the very beginning, you all made a difficult and stressful situation much easier to navigate! Thank you for taking the time to answer my questions, keeping me informed every step of the way and making this process as stress free as possible! I can without a doubt definitely recommend this law firm!![]()
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I have started this review so many times, but every time I do, I realize there simply aren't enough words to thank the people at Janicek Law. Almost 3 years ago, my world ended. I lost my son, Zayden—the greatest love of my life. My other son, Zy, witnessed the unimaginable that day. He carries those memories with him every single day, and we are forever grateful that he is still here because we very easily could have lost him too. Our family didn't just experience a tragedy—we experienced trauma that changed us forever. When I first met the team at Janicek Law, I wasn't just grieving. I was broken. I was a mother trying to survive the unthinkable while helping my surviving son heal from something no child should ever witness. I didn't know if I had the strength to keep fighting. There were so many moments when I wanted to give up. Every deposition, every conversation, every piece of evidence forced me to relive the worst day of my life. I told them I couldn't do it anymore. But they never let me forget why we were fighting. They reminded me that Zayden deserved justice. They reminded me that Zy deserved justice. They believed in my family even when I couldn't believe in myself. What makes Janicek Law different is that this was never just a job to them. They never made me feel like another client or another case number. They knew my children by name. They celebrated Zayden's life. They cried with us, prayed with us, hugged us, encouraged us, and walked beside us through every heartbreaking step. They carried a piece of this burden with us, and I will never forget that. Even after the case was over, they didn't disappear. They still answer my calls. They still help me with paperwork. They still check on me. They still make me feel like my family matters. That's something you cannot fake. That's love. Somewhere along the way, I stopped seeing them as "my attorneys" and started seeing them as family. And I truly believe I have a family for life. No amount of money will ever bring my little boy back. I would trade every penny to hear his laugh one more time. But because of Janicek Law, I have peace knowing that his life mattered, his story was heard, and that they fought for my boys with everything they had. From the deepest part of a mother's heart... thank you. Thank you for loving my children. Thank you for never giving up on us when I wanted to give up myself. Thank you for standing beside us through the darkest chapter of our lives. You gave my family more than legal representation—you gave us hope, dignity, and people we will love for the rest of our lives. You helped a grieving mother find the strength to be the voice her son no longer had. In a world that can feel so unfair, you reminded me that there are still genuinely good people. We love each and every one of you, and we will never forget what you did for Zayden, for Zy, and for us.❤️![]()
Destiny Sanchez14 July 2026Trustindex verifies that the original source of the review is Google.
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