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Food Choking: Is it Eligible for a Medical Malpractice Claim? Blog
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Food Choking: Is it Eligible for a Medical Malpractice Claim?

Foods that are safe to eat vary from person to person. A food might be choking-safe for one person but not another. The same is true for some foods being safe for babies and not others. This blog post will help you identify when a food should be avoided, if it could lead to choking or blockage of the throat, stomach or intestines, and provide tips on how to avoid these hazards in your own kitchen and will cover some tips you can use as parents or caregivers that may help reduce your child's risk of eating something that could lead them to choke.

When food or other objects get stuck in the upper airway. In the back of your mouth are two openings; one leads to our stomach and sends down anything we eat, while another lets out all that inhaled air so it can be breathed again. The esophagus takes on a more important role than just transporting whatever you're eating through - if an object gets lodged inside then things could go very wrong for you. 

A preventable cause of death in children is choking on food. These incidents are often related to a child's developmental stage, their ability to handle foods with textures similar to those found in the mouth, and an inability to recognize when they're at risk for choking. A lot of people don't know that food-related choking is one of the leading causes of death among young children between ages 1 and 4 years old, according to the American Academy of Pediatrics (AAP). Choking, in general, is we AAP also says these incidents are often related by a developmental stage; toddlers haven't developed the skills needed. 

Choking is the fourth leading cause of unintentional injury death. Of those 5,051 people who died from choking in 2015, 2,848 were over 74 years old, in fact that's about half. If you have dentures or a problem swallowing food and live alone then your risk of being choked increases greatly; so it's always better to take precautions for safety before heading out on your own.

What would someone do if someone is choking inside home?

Choking usually occurs when someone tries to swallow an object which they can't chew properly because their teeth are missing or too worn down like with old age (so sometimes even just soup isn't safe!). For some reason this happens mostly often among older folk but also if you're living alone without any family members around than there may be nobody else would execute a rescue plan to save you such as the Heimlich Maneuver:

  1. Stand between victim's leg while stepping the other leg forward between his/her legs.
  2. Locate the navel and reach it.
  3. Situate your fist with your thumb site facing just above the navel. 
  4. Connect your other hand with your fist and simultaneously press quick yet momentarily inward and upward into the abdomen of the victim.
  5. Continue the quick presses with interval until the victim responds with expelling the object or become unconscious.
  6. If not, immediately deliver him to nearest hospital for appropriate medical attention. 

What do restaurants do if someone is choked?

Across the U.S., restaurant workers' knowledge of first-aid varies state by state due largely because there aren't any federal regulations requiring it be taught at school or required for jobs according to FindLaw, but in general these establishments are expected to provide customers with reasonably safe environments where they can enjoy themselves without worrying about getting sick from food contamination (or offending someone's allergy). In addition, nation-wide, only 14 states have isolated laws addressing choking. However, many of those require the installation and display informational signage about first-aid treatments for employees to see.

Product Liability for Choking

Product liability usually presumes that a company is negligent if it fails to warn consumers of potential hazards. Consumers as well should use the product in its intended manner. For example, say a child was playing with an action figure and broke one off into small pieces. Was this use "intended" by the toy's manufacturer or did they fail to provide any warning about possible choking injuries? Well for many companies there are different levels of responsibility based on how likely they felt you were going to choke while doing something like smashing your toys together. In this scenario, food is something that should be chewed down before consuming (for most people and if applicable to do so), what should be the legal verdict if someone choked down on food while chewing it?

In a restaurant setting, may vary state to state but, restaurants have a duty to safely serve their patrons. When it comes to accidental injuries, they can be liable for any serious consequences related even if the act was not intentional in nature; this is true even if there are no visible signs of negligence (such as tripping on an uncovered floor) or negligent service from staff. If someone choking and unable to breathe at your restaurant has gotten attention within 5 minutes, you might avoid liability altogether because the individual's condition could improve without intervention--but after that point. It’s best for both parties involved when restaurants take appropriate steps with medical treatment or seek help through emergency personnel instead. What if the restaurant staff exhibit negligent service?

Ryan, LLP represents individuals and small businesses against large corporations in order to ensure their rights are protected. The firm handles cases including personal injury, wrongful death, catastrophic injuries like traumatic brain or spinal cord damage from accidents as well as medical malpractice claims where the doctor's negligence caused a patient harm while they were under care for an illness or condition. Insurance bad faith is also something Ryan attorneys handle when insurance companies refuse to pay legitimate claims on time with good intentions but then change course later without explanation why coverage was denied despite evidence submitted by the claimant of damages incurred during claim processing that would make them eligible for payment if not covered by some other exception such as fraud committed by claimants themselves rather than any wrongdoing on behalf of insurers at all which makes it difficult sometimes.

 

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