Posted On: February 26, 2009 by David W. Terry

California Nursing Home Fined in Choking Death

Anaheim Crest Nursing Center has been fined $75,000 in the death of an elderly resident.

According to state investigation documents, the resident, who suffered from dementia, had two choking incidents on September 9, 2008, the night of his death. In the first incident, the resident was given the incorrect diet, although it was known that he had a history of swallowing problems and was only to be given pureed foods. In the second incident, which occurred later that evening, he was left near a food cart, grabbed a sandwich, and began eating. He began choking and died within an hour.

State documents show that facility staff did not attempt to clear his throat, check him for aspiration, or provide emergency treatment. In fact, it was initially claimed that the resident died from a heart attack. The facility did not disclose that the resident actually choked to death on a tuna sandwich. It took three months before the truth came out and that only after the coroner revealed that the resident choked to death. According to the attorney for the facility, the facility held a second investigation after the autopsy and only then concluded that the man had grabbed a sandwich from a food tray.

This facility has not been without problems. In 2003, the facility was accused of giving unnecessary drugs to eight patients. The facility was also warned in the early 2000's for having unsecured or improperly secured doors, not keeping food within sanitary conditions, and failing to have a Korean speaker, although two-thirds of its clients spoke only Korean.

The Terry Law Firm is experienced in handling cases of nursing home abuse and neglect. Please contact us at 1 (888) 317-2525 or visit us at www.nursinghomejustice.com