Sommers Schwartz attorneys Dina Zalewski and Judith Susskind are pursuing a nursing home negligence action on behalf of the estate of a resident who died from choking while in a long-term care facility.

The patient suffered from dementia, impaired cognition, repetitive falls, and weakness. He was also nonverbal and had a high choking risk, which was well-documented in his records and known to the staff who cared for him. His patient record detailed numerous incidents of eating or chewing on non-food items and included a standing orders note that he required supervision while eating.

In violation of these orders, the staff provided the patient with a dinner tray with non-food items and left him unsupervised. He choked and subsequently died despite medical efforts.

A staff member contacted Adult Protective Services to report their suspicions that the facility’s negligence caused the patient’s death and that facility employees were covering up their responsibility. The Michigan Attorney General’s office is investigating and has filed charges against one of the employees.