A Santa Monica facility is facing a $100,000 fine over allegations of nursing home neglect in connection with the choking death of a patient. According to a CBS News report, California Public Health Department investigators have determined that the staff at Goldstar Rehabilitation and Nursing Center failed to follow patient care policies and procedures.

The patient, a 60-year-old man, was admitted to the nursing home in June 2008 with multiple sclerosis and thyroid problems. The doctor had put him on a special, soft food diet because he had lost most of his teeth. However, in April 2009, the patient was allowed to eat at a special candlelight dinner hosted by the nursing home. The man, who was fed pork chops at the event, choked on his food and fell down unconscious for about 15 minutes. The man was resuscitated and transported to a local hospital where he died a week later.

Nursing Home Neglect

According to a 2010 report issued by the Government Accountability Office (GAO), more than 15 percent of the nation's nursing homes harm residents. This Santa Monica facility has been slapped with an AA citation, which is reserved for severe nursing home abuse or neglect incidents, those that place elderly, frail and dependent residents directly in harm's way and have the potential to cause death or serious injury.

Failure to Follow Care Plan

Based on the news report, this Santa Monica nursing home had specific instructions from the victim's doctor regarding his inability to chew solid food. Still, the facility's employees failed to pay attention to the instructions for care and fed him pork chops. Their actions in this case were absolutely unacceptable. I trust nursing home administrators are reevaluating their policies and procedures. Was there anyone supervising the event where this man choked on his food? If I were a member of this victim's family, I would definitely want to know if negligence on someone else's part led to the fatal injuries.

Liability Issues

Families of victims who die as a result of someone else's negligence can file what is known as a wrongful death claim. Such claims seek compensation for medical and funeral costs, loss of love and companionship, lost future income and related damages. A wrongful death claim is filed in cases where families wish to hold the negligent parties or wrongdoers accountable for their actions. Such lawsuits also bring to light the negligent actions of nursing homes, which will hopefully help others who are looking to place loved ones in area facilities. Families of deceased victims in such cases would be well-advised to seek the counsel of an experienced Los Angeles personal injury lawyer, who will better advise them about their legal rights and options.

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