A man with a mechanically altered diet choked to death on piece of fruit that was blocking his airway. The man had a muscular problem in his throat that required all of his food to be pureed. The man was found after the meal period one evening, asphyxiated after an unknown period of time.
An autopsy revealed that the man had a large piece of fruit in his throat that had blocked his airway and caused him to choke to death. This case involved both negligence and elder neglect as the facility failed to protect the victim from health and safety hazards.
The case settled in favor of the victim’s family based upon elder neglect and negligence.