Caregiver Convicted of Negligence After Resident Dies From Choking
Translated & summarized from Kikar HaShabbat by baba
A caregiver has been convicted of causing death by negligence after a resident at a facility for individuals with intellectual disabilities choked on a burekas left accessible on a counter and died five days later. The court rejected the caregiver's defense that she was inadequately trained and had received conflicting instructions, emphasizing the basic duty to keep food away from at-risk residents. The resident died on May 13, 2020, after the incident on May 8, 2020. The caregiver's sentence has not yet been determined.
The story in 5 lines · by baba
- A caregiver was convicted of causing death by negligence after a resident choked on a burekas.
- The resident died five days after choking on the pastry left on a counter.
- The incident occurred at a facility for individuals with intellectual disabilities in Tayibe.
- The court rejected the caregiver's defense of insufficient training and conflicting instructions.
- The caregiver's sentence has not yet been determined by the court.
A court in Petah Tikva has convicted a caregiver of causing death by negligence after a resident at a facility for individuals with intellectual disabilities choked on a pastry and later died. The incident occurred on May 8, 2020, at the "Rand" residence in Tayibe. The resident, who required pureed or ground food due to choking hazards, approached the kitchenette, took a burekas left on the counter, and began eating it. Within a short time, she choked and collapsed. The caregiver, responsible for seven residents at the time, noticed the resident turning blue and called for help. The resident was evacuated to Meir Medical Center, where she was placed on a respirator and sedated. She passed away five days later, on May 13, 2020.
During the trial, the caregiver claimed she was new to her role at the facility, having returned to work only days before the incident. She stated she was assigned to a ward that was not her usual assignment, received insufficient training, and was not meant to have independent responsibility for the residents. She also argued she left the burekas on the counter based on an instruction to save food for another resident and that there was no suitable place to store them due to damaged cabinet doors.
However, Judge Gil Gabay rejected these explanations, relying on security camera footage and the testimony of the shift supervisor. The supervisor stated the directive was to discard leftover food, not leave it accessible to residents. The judge emphasized that even if there was an instruction to save the burekas, it did not permit leaving them where a resident at risk of choking could access them. The judge noted that preventing such a risk did not require special medical knowledge or training, stating, "All that was required of the defendant, who was warned before and during the shift about the possibility of food theft and was aware of the possibility of choking as a result, was not to allow residents uncontrolled contact with food."
The court found the caregiver's negligence was foreseeable and preventable by removing the food from reach. The judge also dismissed defense claims of flawed investigation and selective enforcement, highlighting the heightened duty of care owed to vulnerable individuals. The court concluded that the state proved beyond a reasonable doubt that the caregiver's negligence caused the resident's death, convicting her under Section 304 of the Penal Law. The sentencing has not yet been determined.