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Orange County

Aspiration Pneumonia in Orange County

Concerned About Aspiration Pneumonia? Get Focused Elder Abuse Representation Since 2002.

Aspiration pneumonia develops when food, liquid, saliva, or stomach contents enter the lungs. When it occurs in a nursing home or assisted living facility, families may question whether staff recognized swallowing difficulties, followed diet instructions, provided feeding assistance, positioned the resident properly, and responded to signs of distress.

At Travis Siegel, I represent older adults and families affected by nursing home neglect. My practice focuses exclusively on elder abuse and nursing home abuse, including cases involving infections, malnutrition, sepsis, and wrongful death.

Call (562) 414-5294 for a free consultation about a resident’s aspiration pneumonia, hospitalization, or death.

What the Records Can Reveal About Aspiration Risk

A diagnosis alone doesn’t prove neglect. I examine the resident’s medical condition, known risk factors, care instructions, treatment, and the facility’s response before and after symptoms appeared. Dysphagia, or difficulty swallowing, may be associated with dementia, stroke-related impairment, Parkinson’s disease, weakness, or reduced alertness.

Records that may help explain what happened include:

  • Risk assessments: Admission records, swallowing evaluations, and speech-language pathology notes may document known feeding concerns.
  • Care instructions: Physician orders, care plans, diet cards, and meal records may identify instructions for food texture, liquid consistency, positioning, or supervision.
  • Daily documentation: Nursing notes, intake records, medication records, staffing records, and incident reports may show changes in the resident’s condition.
  • Medical evidence: Hospital records can help establish the diagnosis, treatment, complications, and condition at transfer.

Coughing or choking during meals, wet or gurgling speech, and food left in the mouth may point to swallowing problems. Unexplained weight loss, dehydration, recurring pneumonia, or changes in alertness may also warrant closer review. I compare the documented precautions with the care staff actually provided.

California Nursing Home Neglect Claims

Under California elder abuse law, neglect may include a care provider’s failure to provide medical care, food, or protection from health and safety hazards. It may also include a failure to prevent malnutrition or dehydration. Depending on the evidence, a claim involving aspiration pneumonia may proceed under theories of negligence, elder abuse or neglect, professional negligence, wrongful death, or a combination of claims.

The central question is whether a preventable care failure contributed to the pneumonia and resulting harm. Aspiration can also arise from an underlying medical condition without negligent conduct, so each resident’s records and medical evidence must be evaluated individually.

Potential damages depend on the facts and applicable law. They may include medical expenses, pain and suffering, loss of enjoyment of life, relocation costs, and wrongful death damages. Punitive damages may be available when the evidence meets California’s legal standard for oppression, fraud, or malice.

Since founding my practice in 2002, I have worked exclusively on elder abuse and nursing home abuse cases. That focus informs how I examine the care decisions, documentation, and facility conduct surrounding a serious infection.

Our FAQ

Have questions? We are here to help. Still have questions or can't find the answer you need? Give us a call at 562-414-5294 today!

  • Choosing the right nursing home for your loved ones is a personal (and tough) decision. It is something you must decide on your own, or with the rest of your family. With that in mind, however, there are a few resources you can use to help with the decision.

    The Health Facilities Consumer Information System provided by the state of California lets you search for different types of health facilities, including nursing homes. The Medicare website also provides a tool for finding nursing homes.

    The Health Facilities Consumer Information System also lets you search for complaints against said facilities. You can use this tool to check on any homes you might be considering and see if complaints have been filed against them.

    Remember, if you suspect any form of elderly abuse or negligence has occurred, trust your instincts and call us at Siegel Law. 562-414-5294

  • Pressure sores, also called bed sores and pressure ulcers, are a common sign of nursing home abuse or neglect. They are caused by unrelieved pressure on the skin. Bed sores typically appear near areas where the bones are close to the skin: the hips, back, elbows, and ankles. When pressure sores first show up, they’re just skin irritation. With prompt treatment, they typically have no lasting effects. When not treated quickly, however, later stages can result in serious damage not only to the skin but also to muscle and bone.

    The greatest tragedy of pressure sores is that they are relatively easy to prevent. Regular movement of a person restricted to a bed or wheelchair can help avoid pressure sores. Someone who must remain in bed should be moved about every two hours. The use of a pressure-reducing mattress can help. A proper diet, cleanliness, and daily exercise all help prevent pressure sores and eliminate the serious harm that can accompany them.

  • The answer is no. Siegel Law takes all cases on a contingency fee basis, which means that our clients owe the firm nothing for expenses unless they are awarded a monetary settlement or we receive a favorable verdict at trial. All expenses will be deducted from the settlement or jury verdict. Not a dime will be taken out of your pocket.

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If your elderly loved one is being abused or mistreated, learn how our attorney can help you. You can reach us by calling (562) 414-5294 or using the form below.

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  • Decades of Experience

    Travis Siegel has been practicing law since 2002. He is well-versed in injury law and knows how to prepare an effective claim that maximizes a recovery.

  • Will Fight For You

    Having witnessed a personal family tragedy involving medical malpractice at a young age, Travis has dedicated his entire legal career to helping families seek justice.

  • Proven Results

    Travis Siegel has successfully recovered millions of dollars for his injured clients, including multi-million dollar recoveries in complex cases.

  • With You at Every Step

    Travis is known as an aggressive litigator who has the courtroom savvy and tenacity to take any claim to court if necessary.

  • Experience
    Travis Siegel has been protecting abused elders since 2002. He is well-versed in injury law and knows how to prepare an effective claim that maximizes recovery.
  • Trial Advocacy
    Travis is known as an aggressive litigator who has the courtroom savvy and tenacity to take any claim to court if necessary. He stands by your side every step of the way, inside and outside of court.