You can consult with a personal injury attorney and explain the same circumstances and ask the same question.
In my 35 years of experience in Nassau County, it doesn't appear that there is a case there based upon the minimal facts offered. While it is understandable that you're upset at such a state of affairs, its unlikely that much could have been done for an older person who was eating and food got stuck in their throat unless someone noticed the problem. Its a very difficult case to prove from the little you've provided so far.
Good luck with it.
Before you give up on the case, I would consult an attorney with experience suing nursing homes for neglect. While preventing a choking death may not have preventable, I would obtain a copy of his records and make sure there were no special orders regarding his diet. Was he considered a choking risk do to his age and condition, and were those risks ignored or neglect? Obviously more facts are needed to answer those questions, but you would be well served to initially take a look at his records, and his plan of care. Good luck.
luckily different people can come to different conclusions. I personally feel that you may have a very viable cause of action. I'm personally having a case in similar right now, and we're making progress. I am only answering this relative to New York law, but some statutes have been updated lately, one in particular within the last six months. They're very helpful for plaintiffs, and this will hopefully prevent similar tragedies in the future. I wish you the very best of luck. If you have trouble finding someone you can contact me. I work with attorneys throughout New York State, and I also have a network of attorneys and other states, but since you are in New York it should not be much of a problem. There various guidelines which are relevant, which seem to be breached. There also needs to be specific testing and accommodation for the swallowing of various types of food, and it sounds from what you've said that this may not have been properly done. I would suggest you allow the state agency to investigate immediately, and contactan attorney that has familiarity with this type of work. That will allow you to contemplate immediately having the matter investigated on your behalf privately, as well. There is a duty to confidently and properly immediately intervene when an emergency such as this happens, and from what you said it sounds like the situation was absolutely horrific. Best wishes,
Robert L. Brenna Jr
Brenna Brenna and Boyce PLLC
Rochester New York
You should contact the agency in your area that oversees assisted living facilites. You may also want to contact an attorney with experience in nursing home litigation.
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