Compensation secured for family of our client who choked whilst in care.

Ms L had a history of mental health problems and was in the care of an Acute Care Centre at the time of the incident. As a result of previous choking incidents due to a diagnosis of Schatzki ring, (a narrowing of the oesophagus) Ms L was on a strict soft food diet.

Following continued trouble with her speech and swallowing, Ms L was seen by a speech and language therapist, who further recommended a diet of soft, bite-sized food, along with close monitoring of her ability to swallow.

After being transferred to another care facility, it was documented that Ms L would need a soft food diet as per the speech therapist’s recommendations and should be closely monitored for this. Following an incident with another patient at the care facility, Ms L was placed on one-to-one observation.

One evening, a night staff care assistant was helping another patient toast crumpets. This care assistant then observed the patient offer a large piece of the crumpet to Ms L.

Approximately 20 minutes later, Ms L was found slumped and unresponsive in a chair. Lifesaving efforts were made for approximately 50 minutes, and a heartbeat and respiratory effort were regained. However, Ms L had suffered from oxygen starvation and severe brain damage as a result. Sadly, Ms L passed away in hospital five days later.

Litigation Executive Hannah Lawn was able to secure compensation for the family of Ms L as the registered nurse at the care facility who provided the handover to the night staff did not hand over that our client was on a soft diet, as they were handing over to regular staff or staff who were familiar with the ward.

As a result of this failure, the night staff healthcare assistant was unaware that Ms L was on a soft food diet, and therefore he did not intervene when they witnessed a patient offering some crumpet to Ms L. As a result, Ms L choked on the large piece of crumpet she was given. Furthermore, staff training was determined not to be adequate, as members of staff had failed to identify that Ms L was choking, and therefore efforts to clear her airway had not been made.