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Elderly Choking

Elderly Choking

California Elderly Choking Attorneys

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Choking incidents among the elderly should never happen. The Peck Law Group will fiercely pursue justice if your loved one has experienced harm due to carelessness.

- Peck Law Group

5 min read

Choking incidents in long-term care facilities can turn life-threatening in an instant. When a loved one suffers because of preventable errors—improper feeding, inadequate supervision, or ignored care protocols—you deserve an advocate who moves quickly, investigates thoroughly, and holds the responsible parties accountable.

At The Peck Law Group, our elderly choking attorneys blend compassionate support with over 60 years of combined experience to secure the justice and compensation your family deserves.

Time is of the essence in these types of cases—reach out now for your free case evaluation. We’ll review your situation, explain your rights, and outline a clear plan for moving forward.

Understanding Choking Risks in Care Settings

As people age, natural changes—such as weaker throat muscles, dental issues, or neurological conditions—make swallowing more difficult. In nursing homes and assisted living facilities, the risk multiplies when:

  • Staffing shortages force hurried meals or leave residents unsupported
  • Inadequate training leads caregivers to misjudge texture-modified diets
  • Ignored dietary plans result in residents receiving the wrong foods or liquids
  • Delayed response to an initial choking incident allows complications like aspiration pneumonia to develop
  • Failure to screen outside food brought in by third parties, allowing residents on special feeding programs to receive unsafe textures or unsuitable meals

These failures can transform a routine meal into a medical emergency.

“Improper feeding techniques and lapses in supervision can turn a simple meal into a life-threatening crisis. At The Peck Law Group, we hold care facilities accountable for every failure to protect our most vulnerable residents.” — Adam Peck, Esq., Peck Law Group

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The Peck Law Group’s Five-Step Approach to Justice

  1. Immediate Case Evaluation
    We begin by listening to your account in detail. You describe what happened, and we pinpoint potential failures—staffing records, training logs, or dietary orders—to determine who may be liable.
  2. Thorough Investigation
    By teaming up with field experts, we gather feeding plans, staff schedules, incident reports, medical records, and other pertinent documentation. We then interview witnesses and review surveillance footage (when available) to piece together exactly what happened.
  3. Demanding Accountability
    We prepare targeted demands against negligent individuals and the facility itself. Our letters demand full disclosure of internal reviews, retraining programs, and any corrective actions taken—and we press for timely responses.
  4. Skilled Negotiation & Litigation
    Whether through mediation or in court, we fight for maximum compensation: medical expenses, ongoing care costs, pain and suffering, and more. Our trial-ready strategy ensures no attempt at forced arbitration or lowball offers goes unanswered.
  5. Continued Support
    Beyond the courtroom, we connect you with medical specialists, care coordinators, and support networks to address both immediate needs and long-term recovery.

Why Families Choose The Peck Law Group

  • Specialized Expertise
    With over 60 years of combined experience, our attorneys understand the nuances of dysphagia (swallowing disorders) and care-facility protocols.
  • Contingency-Fee Promise
    You pay nothing unless we win. We handle all costs, so your family can focus on healing, not legal bills.
  • Local Reach, Personalized Service
    Offices in Los Angeles, Palm Desert Sacramento, San Diego, and beyond allow us to tailor strategies to local regulations and court procedures—while you receive dedicated attention from a single attorney and paralegal team.
  • Transparent Communication
    We keep you in the loop with real-time updates. Our client portal lets you track document filings, appointment schedules, and case milestones at any time.
  • Proven Results
    From multi-million-dollar settlements for wrongful-death claims to precedent-setting verdicts, we’ve consistently secured outcomes that send a clear message: nursing home neglect has real consequences.

Contact us today at (866) 999-9085 or complete our online form. We’ll listen to your story, answer your questions, and outline our plan to pursue justice—and ensure your loved one receives the care and compensation they deserve.

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Frequently Asked Questions

How soon must I file a claim?

California law generally allows one year from the date of injury versus a health care provider or  two years if the facility is a non-health care provider. An Elder Abuse claim is based upon a two year statute of limitations. Immediate action, though, is recommended to preserve evidence and staff records.

What damages can I recover?

You can seek compensation for medical care, additional rehabilitation or feeding-therapy costs, pain and suffering, and possibly punitive damages.

Will my loved one have to testify?

Many cases settle before trial. If a court appearance becomes necessary, we prepare your loved one with trauma-informed professionals and expert witnesses to minimize stress and ensure clarity.

Can I still file if the facility offers an apology?

An apology does not prevent legal action. While expressions of regret may feel reassuring, they don’t cover medical bills, ongoing care needs, or the risks of long-term complications. We can negotiate on your behalf even after an apology is issued.

Take the Next Step: Free Case Evaluation

When a preventable choking incident disrupts your family’s life, you need experienced legal advocates on your side. The Peck Law Group offers a no-cost, no-obligation case review to help you understand your rights and explore the best path forward. Speak with an attorney today about your elderly choking case.

 

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If you think that your loved one has suffered from nursing home neglect or abuse in California, call the Peck Law Group immediately. Nursing home negligence or abuse should never happen and should never be tolerated.

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Written by Steven Peck, ESQ.

Expertise: Personal Injury

Attorney Steven Peck has been practicing law since 1981. Within the first three years, after some colleagues and friend’s parents endured nursing home neglect and elder abuse, he continued his education to protect those involved in personal injuries. For over 43 years, his dedication has been unyielding. Steve's approach to client representation and care is deeply respected by his colleagues and clients alike. Steven Peck has extensive trial experience and has recovered tens of millions of dollars in damages for clients.

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Have a question about recent abuse or neglect at a nursing home, assisted living facility, or other long term care? Peck Law Group has over 60 years of experience protecting your rights throughout the great state of California.
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