Orange County Nursing Home Fined for Negligence in Choking Death
July 29th, 2009 | SteveTustin Care Center in Orange County has been accused of nursing home negligence and fined for neglecting a nursing home resident, who California Health Department officials say, choked on his lunch and died. According to a news report in The Orange County Register, the man died in March after choking on his lunch. Apparently, staff members noticed that the man had been growing weaker and yet allowed him to eat regular meals on his own.
On the day he died, the man was eating soup with rice when he called out for his wife, who was also a patient. He then struggled to breathe and a nurse started the Heimlich maneuver, but could not dislodge the food. The man died later the same day, in a hospital. An autopsy reportedly found food completely blocking his trachea. Officials also concluded in their report that the nursing home failed to assess his ability to eat, which was a direct cause of his death.
I offer my deepest sympathies to the family of this man for their tragic loss. This type of death or serious personal injury could have been easily prevented with better monitoring on the part of the nursing home staff. My heart goes out to the family of this man. Please keep them in your prayers.
Understaffing is a Serious Problem
According to a Government Accountability Office (GAO) report in 2003, at least one in five of all nursing homes in the United States are plagued by serious deficiencies that place nursing homes residents in immediate danger or cause them actual harm. According to this report, quality of care in these nursing homes drops dramatically when residents receive less than three hours of the nurse’s and nurse’s aide’s time per day. Sadly that’s the case in about 54 percent of nursing homes. The report also states that nursing home staff are underpaid and overworked. Nursing aides, for instance, are paid $7 to $8 an hour for work that is often strenuous and stressful.
Nursing home negligence is directly related to understaffing at these facilities. The companies that own these nursing homes put profits over the vulnerable residents they are supposed to care for--and that should never, ever be acceptable. We don't know yet exactly what went wrong or who dropped the ball at this Orange County nursing home. But obviously, there was a great amount of negligence.
The family of this deceased victim would be well-advised to retain the services of an experienced Orange County personal injury lawyer who will hold this nursing home accountable for this patient's fatal injuries. Where negligence or wrongdoing is involved, families of deceased victims could file a wrongful death claim. Such claims seek compensation for medical/funeral expenses, loss of earnings, loss of companionship and other related damages. Frankly, such lawsuits are not just about money. I believe they will bring about changes at these nursing facilities and prevent future incidents of negligence and/or abuse.




