Choking Injury Lawyer

If a loved one choked or aspirated food while in someone else’s care, a choking injury lawyer at Mixan Mahony, LLC can help your family understand what went wrong and what Illinois law allows. We review choking cases involving hospitals and medical providers, behavioral health facilities, Community Integrated Living Arrangements (CILAs), nursing homes, assisted living facilities, and home health agencies. Our only office is in Chicago, and we serve families statewide by phone and video. Many choking events are preventable when a care plan is followed and staff respond quickly.

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Why Choking Happens in Care Settings

People with swallowing problems (dysphagia), dementia, developmental disabilities, stroke, Parkinson’s disease, or certain medications face a higher risk of choking and aspiration. Care providers usually know this risk because it shows up in swallow studies, diet orders, and care plans.

Choking events in care settings often trace back to a gap between what the plan required and what actually happened at mealtime. Common problems include:

• Serving the wrong diet texture, such as regular food to a resident ordered a mechanical soft, pureed, or minced diet.
• Failing to thicken liquids as ordered.
• Leaving a high-risk person to eat alone or without required supervision.
• Allowing access to food outside of mealtimes for residents who are known to take food.
• Poor positioning during or after meals.
• Staff who are not trained or certified in the Heimlich maneuver or CPR, or delays in calling 911.

Choking Injury Lawyer Review by Care Setting

The rules and records differ depending on where the choking happened:

• Hospitals and medical providers: swallow evaluations, diet orders, and nursing supervision after surgery or stroke.
• Behavioral health facilities: observation levels and medication side effects that can affect swallowing.
• CILAs: Individual Service Plans, dining plans, and staffing for adults with developmental disabilities, with oversight by the Illinois Department of Human Services (IDHS).
• Nursing homes: care plans and diet orders, with claims available under the Illinois Nursing Home Care Act.
• Assisted living facilities: service plans and whether the facility accepted residents whose needs it could meet.
• Home health agencies: caregiver training and whether the agency followed the plan of care in the home.

Aspiration Pneumonia and Delayed Harm

Not every choking injury is immediate. When food or liquid enters the airway and lungs, a person can develop aspiration pneumonia days later. Records showing coughing at meals, fever, or breathing changes can help connect the illness to unsafe feeding practices. Choking can also cause brain injury from lack of oxygen, and tragically, death.

Records That Show What Happened

We request swallow study results, physician diet orders, care plans or Individual Service Plans, meal tickets, staffing schedules, incident reports, nurses’ notes, 911 call times, and hospital records. In CILA cases, reports to the IDHS Office of the Inspector General (OIG) may also exist.

When a Choking Incident in a Care Setting Is Fatal

When a resident chokes and dies in a nursing home, group home, or other care setting in Chicago or anywhere in Illinois, the family may have a wrongful death claim and a survival claim. Mixan Mahony, LLC examines diet orders, mealtime supervision, and emergency response to learn whether the death was preventable.

Choking and aspiration deaths often trace back to care failures such as:

• Serving food that does not match a prescribed diet texture
• Leaving a resident with swallowing problems unsupervised at meals
• Ignoring swallow study recommendations or dysphagia protocols
• Delayed abdominal thrusts, CPR, or 911 calls
• Missing signs of aspiration pneumonia after a choking event

A wrongful death claim under 740 ILCS 180/2 is brought by the personal representative of the estate for the surviving spouse and next of kin, and it generally must be filed within 2 years after the death, with exceptions in the statute. A survival claim under 755 ILCS 5/27-6 carries forward claims for the injuries your loved one suffered before death.

Other deadlines can apply:

• Claims against physicians, registered nurses, or hospitals arising out of patient care may fall under 735 ILCS 5/13-212.
• Claims against a local public entity may be subject to the one-year filing rule in 745 ILCS 10/8-101, with a separate rule for patient care claims.

Read more about wrongful death claims in Illinois and Chicago nursing home negligence cases.

Mixan Mahony, LLC, 444 W. Lake St., Suite 1707, Chicago, IL 60606. (312) 262-3971. Find our Chicago office on Google Maps.

Illinois Deadlines and Fault Rules in Care Facility Cases

• Most injury claims: 2 years under 735 ILCS 5/13-202.
• Medical providers: 2 years from discovery with a 4-year outer limit under 735 ILCS 5/13-212(a), and different rules for minors.
• Nursing homes: under the Nursing Home Care Act, 210 ILCS 45/3-601, the owner and licensee are liable for intentional or negligent acts or omissions of their agents or employees that injure a resident, and under 210 ILCS 45/3-602 the licensee pays actual damages, costs, and attorney’s fees when a resident’s rights under the Act are violated.
• Shared fault: under 735 ILCS 5/2-1116, an injured person is barred only if their fault is more than 50 percent of the cause; otherwise damages are reduced by their share.
• More than one defendant: under 735 ILCS 5/2-1117, all defendants found liable are jointly and severally liable for medical expenses, and for other damages a defendant less than 25 percent at fault is severally liable while one 25 percent or more at fault is jointly and severally liable.
• Wrongful death: under 740 ILCS 180/2, an action is generally filed within 2 years after the death, with exceptions in the statute.
• Public entities: claims against a local public entity generally must be filed within 1 year under 745 ILCS 10/8-101(a), and personal injury claims against the State generally require a notice within 1 year under 705 ILCS 505/22-1 unless the claim is filed within that year.

These are general rules with exceptions. Ask a lawyer to confirm the deadline that applies to your situation.

In CILA cases, the IDHS Division of Developmental Disabilities publishes OIG abuse, neglect, and exploitation information by CILA provider, showing allegations reported to and accepted for investigation by the IDHS Office of the Inspector General and the results of those investigations.

Compensation Families and Injured People May Seek

Depending on the facts, a claim may seek compensation for medical bills, rehabilitation, increased care costs, pain and suffering, disability, and loss of a normal life. When a person dies, Illinois law allows certain family members to bring a wrongful death claim, and the estate may bring a survival claim for losses the person suffered before death.

Every case is different, and no lawyer can promise a result. Our role is to gather the evidence, explain your options honestly, and pursue the claim you choose.

What to Do Next

• Make sure your loved one is safe and receiving medical care.
• Ask the facility for the incident report and the care plan in writing.
• Photograph injuries and the room or area where the event happened.
• Write down the names of staff and the dates and times of conversations.
• Ask the facility in writing to preserve video and electronic records, and call us for a free review.

Related Practice Areas

You may also find these pages helpful:

• nursing home negligence, assisted living abuse and neglect, memory care abuse and neglect, CILA abuse and neglect, home health care negligence, behavioral health facility abuse, hospice neglect, independent living injuries, SMHRF abuse and neglect, medical negligence
• wrongful death claims
• slip and fall injuries

We also serve clients in communities such as Orland Park, Tinley Park, Berwyn, Waukegan and Lake County.

We serve clients throughout Illinois from our Chicago office. See our Illinois service areas, our Chicago personal injury practice, and our Illinois personal injury representation.

What to Expect When You Call Our Firm

When you contact a choking injury lawyer at Mixan Mahony, LLC, the first conversation is about listening. We ask what happened, who was involved, what injuries resulted, and what records you already have. You do not need to have everything organized before you call.

After that first call, a choking injury lawyer on our team will explain which deadlines may apply, which records we plan to request, and what an investigation is likely to involve. If we are not the right fit for your situation, we will tell you that as well.

Throughout the case, you can expect plain-English updates. Working with a choking injury lawyer does not mean giving up control of your decisions. You decide whether to accept a settlement offer or move forward with a lawsuit.

Many people wait to call a choking injury lawyer because they worry about cost or are unsure whether they have a claim. The consultation is free, and an early review can help protect evidence that might otherwise be lost or overwritten.

Talk With a Choking Injury Lawyer at Mixan Mahony, LLC

Whether you live in Chicago, the suburbs, or downstate, you can speak with our team by phone or video. A choking injury lawyer at our firm will listen, explain the law that applies, and outline the next steps without pressure.

• A free first conversation by phone or video.
• Records requests sent directly to providers, agencies, and insurers.
• Electronic signatures for paperwork.
• Updates by phone, email, or text.

Meet the Partners

Mixan Mahony, LLC was founded by Colleen Mixan Mikaitis and Mackenzie J. Mahony. Both partners are personally involved in the cases the firm handles for clients across Illinois, and you can reach them through our Chicago office by phone or video.

No attorney fee unless we recover for you. Your first consultation is free. How case costs and expenses are handled is explained in writing in the fee agreement before any work begins.

Contact Mixan Mahony, LLC

Mixan Mahony, LLC
444 W. Lake St., Suite 1707
Chicago, IL 60606
Phone: (312) 262-3971
View our Chicago office on Google Maps

We serve clients in communities outside Chicago from our Chicago office. We do not have offices outside Chicago. Phone and video meetings are available. You can also reach us through our contact page.

This page provides general information about Illinois law and is not legal advice. Reading it does not create an attorney-client relationship. Every case is different, and past outcomes do not guarantee future results.