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Why Choking Incidents in Nursing Homes Are Preventable

No family should ever have to wonder whether their loved one is safe while living in a nursing home. Yet, choking incidents remain one of the most tragic and preventable forms of nursing home negligence in Las Vegas. At Cogburn Davidson, we represent families whose loved ones have suffered or died due to choking in long-term care facilities. These accidents are not “unavoidable”; they are often the direct result of staff neglect, improper supervision, or a facility’s failure to follow safety protocols.

With over 40 years of combined experience and hundreds of millions recovered for victims across Nevada, our nursing home choking lawyers in Las Vegas are ready to hold negligent facilities accountable. If your loved one was harmed in a choking incident, contact us today for a free and confidential consultation.

How Cogburn Davidson Can Help After a Choking Injury in a Las Vegas Nursing Home

At Cogburn Davidson, we know how devastating these cases are: emotionally, physically, and financially. We’re not just attorneys; we’re the Attorneys Who Give a Damn about protecting Nevada’s most vulnerable residents. Our team provides comprehensive legal support to families facing the aftermath of a choking injury or wrongful death. When you work with us, you can expect:

  • A thorough investigation into the incident, including staff conduct, meal procedures, and medical records
  • Expert testimony from doctors, dietitians, and elder care specialists to prove negligence
  • Evidence collection such as surveillance footage, witness statements, and facility logs
  • Aggressive negotiation with insurance companies and facility owners
  • Trial representation if the nursing home refuses to take responsibility

Our mission is simple: to ensure your loved one’s suffering is not ignored, and that those responsible are held fully accountable.

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Why Choking Incidents Happen in Las Vegas Nursing Homes

Choking is one of the leading causes of accidental death for older adults. In nursing homes, these incidents often occur because facilities fail to provide proper supervision, individualized care plans, or safe food preparation. When a facility fails to anticipate and prevent these risks, it’s not an accident — it’s negligence.

Common Causes of Choking in Nursing Homes

  • Failure to monitor residents during meals
  • Ignoring swallowing or dietary restrictions
  • Delayed response to medical emergencies
  • Lack of staff training in first aid or the Heimlich maneuver
  • Understaffing during mealtimes
  • Serving foods that are too large, hard, or dry for residents with dysphagia

Residents with Certain Medical Conditions are Particularly at Risk

  • Dementia or Alzheimer’s disease (which may impair swallowing awareness)
  • Parkinson’s disease or neurological disorders affecting muscle control
  • Stroke or muscular dystrophy
  • Medication side effects that dry the mouth or slow reflexes

Need Help Now? Talk to one of our attorneys for free today.

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Proving Negligence in a Nursing Home Choking Case

To hold a nursing home liable for a choking injury or death, our attorneys must prove negligence, meaning the facility failed to meet its legal duty of care. We establish negligence by proving the following elements:

  1. Duty of Care: The nursing home had a legal obligation to provide safe and proper care to residents.
  2. Breach of Duty: The facility or staff failed to uphold that standard, such as by ignoring dietary needs or leaving residents unsupervised.
  3. Causation: That breach directly led to the choking incident.
  4. Damages: The victim suffered harm, injury, or death as a result.

Cogburn Davidson’s legal team meticulously builds every case with strong medical and evidentiary support to prove these factors beyond dispute.

Compensation Available for Nursing Home Choking Victims in Las Vegas

If a loved one suffered harm or passed away due to choking, your family may be entitled to compensation for:

Economic Damages

  • Medical bills and emergency care costs
  • Rehabilitation or long-term care expenses
  • Funeral and burial costs (in wrongful death cases)
  • Costs of transferring to a new facility

Non-Economic Damages

  • Pain and suffering
  • Emotional distress
  • Loss of companionship and support
  • Reduced quality of life

In cases involving reckless or intentional misconduct, punitive damages may also be awarded to punish the nursing home and deter future negligence.

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How Long Do You Have to File a Claim in Nevada?

In Nevada, the statute of limitations for nursing home negligence — including choking cases — is typically two years from the date of injury or death. However, certain factors may alter this timeline, especially if:

  • The abuse or neglect wasn’t discovered right away
  • The victim has diminished mental capacity
  • The facility attempted to conceal the cause of injury

Because time is critical, we recommend contacting our Las Vegas nursing home lawyers as soon as possible to preserve evidence and protect your right to compensation.

Why Choose Cogburn Davidson

  • Over 40 years of combined legal experience in elder abuse and neglect claims
  • Hundreds of millions recovered for Nevada victims
  • Award-winning trial lawyers who stand up to corporate nursing home chains
  • A personalized approach driven by compassion, integrity, and results

At Cogburn Davidson, our nursing home choking attorneys in Las Vegas fight for justice because we care about people, about accountability, and about the truth. That’s why we’re known as the Attorneys Who Give a Damn.

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Our Attorneys Lawyers Who Give a Damn

Our lawyers are leaders in Nevada's top legal organizations, non-profits and PACs, working on laws to make your communities safer.

Jamie S. Cogburn

Partner

  • 1 of 19 certified personal injury attorneys in NV
  • Board Member of Nevada Justice Assn & Citizens for Justice PAC
Read Jamie's Bio

Hunter Davidson

Partner

  • Nevada Justice Association
  • Member – American Association for Justice
Read Hunter's Bio
yolanda carapia

Yolanda Carapia

Lawyer

  • Nevada Editorial Board & Character and Fitness Committee - Nevada State Bar
  • DEI & Club X Committee for Nevada Justice Association
Read Yolanda's Bio

Kendelee Works

Lawyer

  • Secretary & Chair – Executive Council of the Nevada State Bar’s Young Lawyers Division
  • Active Member – Clark County Bar Association
Read Kendelee's Bio

Contact Our Las Vegas Nursing Home Choking Lawyers Today

If your loved one was injured or lost their life due to a choking incident in a Las Vegas nursing home, you deserve answers and justice.

Let Cogburn Davidson Car Accident & Personal Injury Lawyers help you uncover the truth, hold negligent caregivers accountable, and protect other families from the same tragedy. Contact us online for a free, confidential consultation. We work on a contingency fee basis, meaning you pay nothing unless we win for you. At Cogburn Davidson, we don’t just take cases — we take a stand.

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