Beasley, Allen, Crow, Methvin, Portis & Miles, P.C.

The choking death of a Fresno, California nursing home resident has resulted in the severest penalty under California state law and an $80,000 fine against the home for inadequate care, according to the Fresno Bee.

The victim, 54, was a resident of Raintree Convalescent Hospital. He suffered from dementia and schizophrenia which caused him to have difficulty swallowing his food. When he moved into the home in June 2006, doctors ordered that he follow a soft diet and required supervision while he ate as he “stuffs his mouth with food.”

On Nov. 19, 2008, the man was given a lunch of spaghetti with two whole meatballs, tossed salad, roll, two cookies and milk. A certified nurse’s aide served the man in his room and then left him alone to eat. While the man ate, the meatballs became lodged in his throat. He walked out of his room and up to a nurse in the hallway. He was pale and unable to speak and then collapsed. Nurses performed the Heimlich maneuver but were unable to dislodge the food from the man’s throat. Cardiopulmonary resuscitation was performed but the man died.

The cook and the nurse’s aide were fired for negligence and the nursing home conducted a dietary training for all nursing staff. Though new procedures were put in place, the home received a AA citation from the California Department of Public Health. AA citations are rare and are the most serious penalty a California nursing home can receive, according to the California Advocates for Nursing Home Reform.

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