Caregiver Convicted of Negligent Homicide After Resident Choked on Food

A court in Petah Tikva has convicted a caregiver, Ettar Varda, of negligent homicide for leaving food accessible to a resident with intellectual disabilities who subsequently choked and died. The resident, who suffered from intellectual disabilities and had swallowing difficulties requiring pureed food, took a boreka from a plate left on the kitchen counter, ate it, and choked. She died five days later in the hospital.

The court found that Varda had left the food within the resident's reach, despite knowing the danger. During the trial, Varda admitted to telling her supervisor after the incident, "I made a mistake leaving borekas on the water dispenser." According to the indictment, Varda worked at the facility in 2019 and returned in May 2020, where she was assigned to a ward with seven residents with varying degrees of intellectual disability. She was informed that some residents required pureed food and that inappropriate food could be life-threatening, also being warned that some residents might take food not intended for them.

After dinner, Varda left a plate of uneaten borekas in the kitchenette, contrary to instructions to discard unfinished food. Minutes later, while Varda was assisting another resident, the victim went to the kitchenette, took a boreka, and choked. Varda discovered the resident collapsed on the floor and called for help. The resident was evacuated to Meir Hospital, where she was pronounced dead days later.

Security camera footage presented in court showed the resident approaching the counter, picking up an object that fell from her upper body, and repeatedly putting it in her mouth before collapsing. Varda denied responsibility, claiming she lacked adequate training and that the resident was not under her direct care at the time. She also argued that no autopsy was performed and questioned the investigation and management's conduct. However, Judge Gil Gabay rejected these claims, citing inconsistencies between Varda's testimony and the video evidence. The judge emphasized that Varda had completed several shifts and received explanations about the residents' dietary needs. The court also noted Varda's own admission that the incident would not have occurred if she hadn't left the borekas, stating that a reasonable person would know not to leave food accessible to someone at risk of choking.