Why Choking Incidents in Nursing Homes Are Preventable

Many nursing home residents have conditions that make swallowing difficult, such as dementia, Parkinson’s disease, or stroke complications. With proper supervision, safe diets, and trained staff, choking deaths and injuries can almost always be avoided. When facilities cut corners or ignore safety protocols, residents pay the price.

At Cogburn Davidson Injury Lawyers, we fight for families whose loved ones have suffered or died in choking incidents caused by neglect. With offices in Las Vegas and Henderson, we represent clients across Nevada, preparing every case for trial if that’s what it takes to get justice.

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Common Causes of Choking in Nursing Homes

Choking often occurs because facilities fail to follow basic safety practices. Negligence may include:

  • Serving residents food that is not appropriate for their condition
  • Lack of supervision during meals
  • Failure to monitor residents with swallowing disorders
  • Ignoring physician-ordered dietary restrictions
  • Overmedication that impairs swallowing ability
  • Understaffing during mealtimes
  • Failure to provide prompt medical attention once choking begins

Every one of these failures can turn a preventable incident into a life-threatening emergency.

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Injuries and Consequences of Choking

Choking incidents can result in serious injuries, including:

  • Brain damage from lack of oxygen
  • Respiratory distress or failure
  • Aspiration pneumonia
  • Long-term neurological impairment
  • Wrongful death

For families, these injuries represent not only physical harm but also a deep betrayal of trust.

Compensation for Nursing Home Choking Cases

Victims and their families may be entitled to recover compensation for:

  • Medical expenses and hospitalization
  • Relocation to a safer facility
  • Pain and suffering
  • Emotional distress
  • Loss of enjoyment of life
  • Wrongful death damages for surviving families
  • Punitive damages in cases of reckless neglect

Our attorneys fight for results that reflect both immediate harm and long-term consequences.

How Cogburn Davidson Helps

Nursing homes often argue that choking is unavoidable. We know that is rarely true. Our attorneys:

  • Investigate medical records, dietary logs, and staffing schedules
  • Work with medical experts to prove the choking incident was preventable
  • Hold corporations accountable for understaffing and poor training
  • Prepare every case for trial to secure full compensation
  • Support families through every stage of the legal process

We don’t just take cases to settle them; we fight because protecting the vulnerable matters.

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Why Choose Cogburn Davidson Injury Lawyers

Families across Nevada trust us because:

  • Trial-Ready: Facilities know we will go to court if needed
  • Certified Specialist: Jamie Cogburn is one of only 19 Certified Personal Injury Specialists in Nevada
  • Focused Experience: 35% of our caseload involves nursing home neglect
  • Principle Over Profit: We take on difficult cases because justice demands it
  • Authentic Advocacy: We build lasting relationships with families we represent

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

Choking in Nursing Homes Frequently Asked Questions

Are choking incidents always preventable?

In most cases, yes. With proper supervision and diet, choking can be avoided.

Can a nursing home be liable if my loved one died from choking?

Yes. Facilities can be held responsible for neglecting safety protocols or failing to provide adequate care.

Do you represent families outside Las Vegas?

Yes. We represent clients statewide, including Henderson, Reno, Mesquite, and rural Nevada.

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