A Delray Beach man filed a wrongful death lawsuit Thursday against the Whitehall Boca where his 72-year-old mother was recuperating from pneumonia.
The man said his mother was suffering from a condition making it difficult for her to swallow or eat or drink solid foods.
In April, the man claims he was on the phone with his mother when she told him she felt like she was choking. He said he called the nursing home to alert them his mother needed help, but no one answered his calls.
According to reports, call records show a woman called 911 from the choking woman’s room and then hung up.
When dispatchers called back, the receptionist had no idea there was any trouble, and the nursing station did not answer.
Fire Rescue did respond, and documents Fischer show that the staff was not performing CPR, rather they were standing around the woman’s bed.
Reports indicate that the woman had not been breathing or responding for at least five minutes. The records also shows that the staff had not cleared the woman’s airway, which was clogged with vomit, which made her condition worse.
Wrongful death is a type of civil case, that is usually brought against a negligent party that has wrongfully caused the death of another party. In nursing home wrongful death cases, the victim’s loved ones are usually the one’s filing a lawsuit against the facility for negligence and/or abuse.
When considering filing a wrongful death lawsuit against a nursing home, there are several factors to consider, including:
- If the death was caused somehow by the nursing home
- If the conduct of the staff members, healthcare professionals, or caregivers at the nursing home contributed to the death
- If there are surviving family members of the victim, such as a spouse, children, or other dependents and/or beneficiaries
- If the victim’s death resulted in damages or pain and suffering