IDPH has cited and fined Midway Neurological & Rehab Center when the facility failed to develop an individualized plan of care that incorporated the recommendations of a speech therapy evaluation. This failure resulted in the resident choking on a meal that included lamb, falling unconscious, going into cardiac arrest and ultimately passing away a few days later in the hospital.
The resident in question had significant cognitive impairments and a history of alcohol-induced dementia.
The CNA that usually cares for the resident stated that on this day she had cut up the resident’s food but was preoccupied doing a one-to-one observation with another resident that was experiencing a behavior episode.
She did not provide any further assistance to the resident during the meal.
The CNA further stated that she often worked with the resident and that he did not need any assistance with meals. She said that she has never assisted the resident with any meals and that the only reason she cut the food up for him was because that’s what they do for all the residents on the dementia floor.
The resident, after finishing his lunch, walked out of the dining room into the hallway, where he began to have choking symptoms and jerky movements. Another CNA noticed the resident’s distress and lowered him to the ground, where he became unconscious and unresponsive. A code blue was called, and CPR was initiated as the resident had no pulse and was not breathing. Emergency services were contacted, and upon arrival, the fire department crew noted “an excessive amount of food in the patient’s airway.” The resident was transported to the hospital, where he was diagnosed with cardiac arrest due to aspiration, and a significant amount of food was removed from his airway.
Unfortunately the resident passed away in the hospital a few days after the incident, with the cause of death listed as complications of choking.
This might be written off as an unfortunate series of events . . . but upon additional investigation it becomes clear that the facility failed the resident.
Specifically, a speech therapy evaluation had identified the resident as having a swallow disorder involving the oral phase and had provided specific recommendations to facilitate safe and efficient oral intake, including general swallow techniques, alterations of liquids/solids, rate modification, bolus size modifications, and upright posture during and after meals.
In addition, two separate Restorative Nurses stated that the resident required extensive assist of one-person physical assist with meals. One nurse even stated that the staff should be assisting with feeding by sitting with the resident, cutting up the resident’s food, cueing the resident as needed, and assisting the resident with eating.
However, and critically, the facility failed to incorporate these recommendations into the resident’s individualized plan of care. The only recommendations in the care plan that concerned eating stated that the resident needed “assistance with meals as needed” and that staff members should “monitor for chewing difficulty, monitor for mouth, or tooth pain.”
Many of the recommendations concerning meals that were cited in the speech therapy evaluation or suggested by the Restorative Nurses simply never made it into the plan, and therefore were never implemented by the CNA’s as they worked with the resident in the dining hall.
Unfortunately the consequences of the oversight in this case were tragic.
Pointing to an inadequate care plan provides an easy answer as to why this resident choked on his food, but the deeper question is why this happened. The real answer to that question probably relates to the management of the nursing home – the staff was so stretched and stressed that they did not have the time or ability to give this resident’s needs the critical thought and attention they required. Unfortunately, that is typical of how nursing homes are operated.
One of our core beliefs is that nursing homes are built to fail due to the business model they follow and that unnecessary accidental injuries and wrongful deaths of nursing home residents are the inevitable result. Our experienced Chicago nursing home lawyers are ready to help you understand what happened, why, and what your rights are. Contact us to get the help you need.