Elderly Choking in Nursing Homes

- Reviewed By
Anthony C. Lanzone, Founding Partner
- Elderly choking in nursing homes is often preventable and tied to serious neglect.
- Families may receive compensation and justice when facilities fail to protect their loved ones.
- If you suspect neglect, an experienced elderly choking lawyer at Lanzone Morgan, LLP can help uncover the truth and hold those responsible accountable.
Choking is a serious and tragically common threat to elderly nursing home residents. Unlike in everyday settings, choking in long-term care facilities often results from underlying neglect, including overlooked dietary restrictions, lack of supervision during meals, improper positioning, or untrained staff who fail to respond promptly.
At Lanzone Morgan, LLP, we focus exclusively on elder abuse and neglect cases, including choking injuries and deaths in California nursing homes. With over 75 years of combined experience and over $200 million recovered for families, our firm has a proven track record of holding negligent facilities accountable. If your loved one suffered serious harm or died from choking in a nursing home, you don’t have to face this alone.
Call (888) 887-9777 or contact us online for a free consultation.
Table of Contents:
- What Makes Choking Incidents in Nursing Homes So Dangerous?
- What Is a Common Cause of Choking in the Elderly?
- Warning Signs of Neglect That Can Lead to Elderly Choking in Nursing Homes
- Who Has the Right to File a Choking-Related Wrongful Death Claim in California?
- What Compensation is Available in a Nursing Home Choking Death Lawsuit?
- Choking Deaths and Neglect in California Nursing Homes
- What Evidence Can Prove a Nursing Home Was Negligent in a Choking Case?
- How Our Elderly Choking Attorneys Can Help Families Pursue Justice
- When the Nursing Home Won’t Give You Answers, We Will
- Talk to a Nursing Home Abuse Lawyer About Your Loved One’s Choking Incident
What Makes Choking Incidents in Nursing Homes So Dangerous?
Choking is one of the leading causes of preventable death among older adults. As people age, they experience physical and neurological changes that increase the likelihood of choking. Swallowing difficulties, cognitive impairments, reduced mobility, and weaker cough reflexes all contribute to an elevated risk of choking.
In the safety of a home, a loved one might be nearby to intervene quickly. But in a nursing home, a survivable incident can become fatal due to delayed response times, understaffing, and inattentive care. According to the National Safety Council, individuals over 70 years old accounted for more than half of all U.S. choking deaths in 2023 alone. A recent NIH study highlights that nursing home residents with cognitive impairments are particularly vulnerable to choking, and that many facilities fail to implement needed safeguards to protect them.
What Is a Common Cause of Choking in the Elderly?
In long-term care facilities, choking incidents often stem from preventable causes tied directly to staff oversight and facility protocols. While aging naturally increases the risk of choking, nursing homes are responsible for recognizing these risks and acting to reduce them.
Common causes of choking in nursing homes include:
- Failure to follow prescribed dietary guidelines
- Staff shortages resulting in rushed or unsupervised meals
- Lack of dysphagia screening or failure to update care plans
- Improper resident positioning during meals
- Inadequate staff training in choking response or CPR
When nursing homes don’t take proper precautions, they put your loved one’s life at risk. Our firm has a relentless commitment to holding them accountable for those failures.
Warning Signs of Neglect That Can Lead to Elderly Choking in Nursing Homes
Choking accidents in nursing homes are rarely isolated events. Often, they reflect deeper systemic issues within the facility. Poor training, underqualified staff, or a failure to follow basic care protocols can all contribute to unsafe conditions where vulnerable residents have a greater risk of choking.
Here are some red flags that may point to nursing home negligence related to choking risks:
- Unexplained changes in diet without a clear medical justification
- Meals delivered but left uneaten, or regularly missing mealtimes
- Lack of supervision during meals
- Staffing shortages or constant turnover
- Sudden, unexplained injuries, such as bruising, broken dentures, or jaw injuries
- Inconsistent care plans or confusion about dietary restrictions
- Residents were found in improper positions while eating
- Emergency hospitalizations without communication from the facility
Lanzone Morgan, LLP is known for uncovering systemic patterns of neglect. We approach each case with compassion for the family and determination to hold negligent facilities accountable. When a nursing home fails to protect, we help you expose the truth and pursue justice.
Who Has the Right to File a Choking-Related Wrongful Death Claim in California?
If your loved one died from choking, you may be eligible to file a wrongful death claim to seek justice and compensation. Under California law, specific family members and representatives may take legal action when a nursing home’s negligence causes a fatal incident, including:
- The deceased person’s spouse or domestic partner
- The deceased person’s children
- Grandchildren, if the deceased person’s children are also deceased
- Other dependents or individuals entitled to the deceased’s property under California succession laws
- A personal representative of the estate, in select cases
What Compensation is Available in a Nursing Home Choking Death Lawsuit?
Families who lose a loved one to a preventable choking incident in a nursing home may be entitled to financial compensation through a wrongful death or elder neglect claim. These damages are intended to help cover the emotional and financial toll caused by the facility’s negligence and hold responsible parties accountable for their failures.
Available damages may include:
- Funeral and burial expenses
- Medical costs related to the incident
- Loss of companionship, love, and support
- Pain and suffering experienced by the victim before death
- Emotional distress for surviving family members
- Punitive damages, in cases of extreme neglect or recklessness
At Lanzone Morgan, LLP, we’ve relentlessly advocated to recover significant results for families devastated by choking-related neglect in long-term care facilities, including:
- $750,000 settlement for the death of an elderly resident who choked without staff initiating CPR
- $850,000 settlement for a fatal choking incident where staff failed to follow the resident’s care plan
Choking Deaths and Neglect in California Nursing Homes
Choking-related injuries and deaths in California nursing homes aren’t just rare tragedies. Rather, they tend to arise from patterns of neglect that have gone unaddressed for far too long. Local stories show how devastating and preventable these incidents can be when facilities fail to follow proper safety protocols.
Mission Hills Nursing Home
According to the Los Angeles Times, a Mission Hills nursing home was cited for two incidents of choking deaths in three months. According to a state investigation, the facility’s violations were “a substantial factor” in those deaths.
El Cajon Nursing Home
Avocado Post Acute in El Cajon is another long-term care facility with a history of serious violations. According to a local news report, families reported signs of abuse and neglect, including two incidents of choking deaths between 2020 and 2021, which resulted when facility staff failed to take necessary precautions during meal times.
These stories are heartbreaking, but not isolated incidents. They are indicators of systematic oversight, staffing, and training deficiencies across California’s long-term care industry. At Lanzone Morgan, LLP, we investigate these types of cases thoroughly, working to expose the negligence and protect other families from experiencing similar losses.
What Evidence Can Prove a Nursing Home Was Negligent in a Choking Case?
Proving negligence after a choking incident requires strong, well-documented evidence. It’s not just about what happened in the moment, but whether the facility failed to follow known safety protocols or had a history of neglect.
Key evidence in these cases includes the following:
- Medical records noting swallowing disorders or dietary restrictions
- Care plans and meal logs showing whether staff followed protocols
- Staffing schedules indicating supervision levels during meals
- Surveillance footage revealing improper feeding or a lack of response
- Witness statements from staff, residents, or visitors
- Inspection reports citing past violations or patterns of neglect
- Emergency response records detailing what actions were, or weren’t, taken
Previous violations or patterns of negligence can significantly strengthen a case. They help show that the choking incident wasn’t a one-time mistake, but part of a larger issue of ongoing neglect or understaffing.
At Lanzone Morgan, LLP, we know what to look for. Our legal team works with medical experts, investigators, and industry consultants to gather and interpret the evidence to build a compelling, well-documented case. We know how nursing home corporations operate and how to hold them accountable for prioritizing profits over the vulnerable people in their care.
How Our Elderly Choking Attorneys Can Help Families Pursue Justice
At Lanzone Morgan, LLP, representing victims of nursing home abuse and neglect is all we do. Our attorneys are ready to shoulder complex elder neglect cases such as choking incidents. We understand the pain families feel after a preventable tragedy and are here to turn that pain into action.
When you work with us, our team will do the following:
- Launch an immediate investigation into the incident and the facility’s history.
- Gather critical evidence, including medical records, witness statements, and records of violations.
- Work with medical and nursing experts to expose lapses in care and evaluate damages.
- Advocate for you every step of the way with constant communication and unwavering support.
Our founding partners, James Morgan and Anthony Lanzone, are award-winning trial attorneys with deep roots in California’s legal community. They’ve spent their careers fighting for vulnerable seniors and their families through “empathy with a hammer”—a blend of compassion, persistence, and fierce legal skill.
Whether your loved one was harmed in a rural facility or a high-end urban care center, we’ve likely handled a similar case. We deeply understand the local courts, regulations, and legal strategies needed to win. When you hire Lanzone Morgan, LLP, you choose a law firm that treats your loved one like family, takes your trust seriously, and fights tirelessly for justice.
When the Nursing Home Won’t Give You Answers, We Will
When something goes wrong in a nursing home, especially something as devastating as a choking incident, families are often left in the dark. Sometimes, families only learn the truth after their loved one is rushed to the hospital. But you deserve the truth and justice.
At Lanzone Morgan, LLP, we know how heartbreaking and infuriating it is to feel ignored by the facility you trusted to care for your loved one. That’s why we fight to uncover the facts that nursing homes try to hide.
If your loved one choked due to neglect, it is not your fault. The responsibility lies with those who failed to do their jobs. You’re not alone, and you don’t have to fight this battle alone. We’re here to stand beside you and pursue the justice your family deserves.
“We were referred to James Morgan after my mother, who was partially incapacitated after never fully recovering from a major surgery, and also lost her ability to swallow. She had to be fed by a feeding tube. In one of the hospitals, she was fed breakfast by mouth by one of the nurses. She aspirated on this food and contracted a serious pneumonia due to the food entering her lungs. Our mother was a complicated patient because of her inability to swallow or keep her lungs clear. She was in and out of hospitals for two years. The doctors of some of these facilities were unethical and improperly cared for her. This not only created an additional physical hardship on my mother, but also an emotional trauma for the family. The practices by the doctors, the hospital, and their administration staff resulted in abuse of her Medicare benefits by using all of her Medicare days, which created a major financial mess and burden for the family. James Morgan was not only able to obtain a settlement from the hospital that improperly fed my mother by mouth, but he was also able to have most of our medical bills from various doctors and hospitals either settled for nothing or settled for a small percentage of the balance due to improper billing. Being a professional in finance, Jim gave me a sense of sanity and relief as he communicated with the hospitals and collection agencies so we could concentrate on our mother’s care. I highly recommend James Morgan and his firm, Lanzone Morgan, LLP. They took a critical time in our life and eased a family’s pain.”
Joe
Talk to a Nursing Home Abuse Lawyer About Your Loved One’s Choking Incident
If your loved one was injured or died from choking in a nursing home, don’t wait for the facility to offer answers. You have the right to take legal action, whether the incident was due to ignored dietary restrictions, lack of supervision, or staff neglect.
A skilled elderly choking lawyer at Lanzone Morgan, LLP, can help you uncover the truth and pursue the justice your family deserves.
Call (888) 887-9777 or contact us online for your free, confidential consultation with an experienced nursing home choking attorney. Let us be your voice and advocate.
National Safety Council. (2024). Deaths by age – Injury facts. Injury Facts. https://injuryfacts.nsc.org/all-injuries/deaths-by-demographics/deaths-by-age/data-details/
Reyes, E. A. (August 22, 2024). Mission Hills nursing home faulted over two deaths – Los Angeles Times. Los Angeles Times. https://www.latimes.com/california/story/2024-08-22/mission-hills-nursing-home-faulted-over-two-deaths
Saccomanno, S., Saran, S., Paskay, L. C., De Luca, M., Tricerri, A., Orlandini, S. M., Greco, F., & Messina, G. (2023). Risk factors and prevention of choking. European Journal of Translational Myology. https://doi.org/10.4081/ejtm.2023.11471
Sharma, A. (April 3, 2024). El Cajon nursing home keeps operating despite record of abuse, poor care. KPBS Public Media. https://www.kpbs.org/news/local/2022/09/08/el-cajon-nursing-home-keeps-operating-record-abuse-poor-care

- Fact-Checked
This content has been legally reviewed and approved by nursing home abuse attorney, Anthony Lanzone. Anthony holds notable memberships with professional organizations including the American Association for Justice and Consumer Attorneys of California.
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- Fact-Checked
This content has been legally reviewed and approved by nursing home abuse attorney, Anthony Lanzone. Anthony holds notable memberships with professional organizations including the American Association for Justice and Consumer Attorneys of California.