A Hampshire care home has been fined £80,000 and ordered to pay costs of nearly £20,000 after an elderly resident choked to death while in their care.
Winchester Crown Court was told how Margaret Humphreys had been admitted to Marlborough House in Fleet for respite care in August 2014. Her family had provided clear information; both verbally and in the form of a laminated card, clearly explaining that her food must be cut up into small pieces so that she would not be in danger of choking.
When the Health and Safety Executive investigated the incident. It found that Mrs Humphreys had been served meatballs that were not cut up, despite the clear warnings from her family. Tragically, she choked on these and died.
Andrew Johnson, the HSE inspector for the case said: “This was a completely avoidable tragedy. The home was informed in the clearest terms that if Mrs Humphreys was presented with food that was uncut, she would choke; this crucial information was ignored. Had Marlborough House properly assessed Mrs Humphreys, the risk of her choking would have been identified and measures put in place to control this risk. This case sends out a clear message to the care home sector, illustrating the importance of listening to residents’ family’s instructions and to also properly assess and provide the same standard of care to respite residents as they would to permanent residents. This tragic case must act as a reminder of the importance of properly assessing new residents and that vital information must be properly communicated to care staff.”
The company that operated the care home; Craysell Limited, pleaded guilty to failing to discharge the duty imposed on them by Section 3(1) of the Health and Safety at Work act 1974.
If you or someone you love has been injured, hurt or even killed while in the care of a home or medical centre, you could well be entitled to make a claim for compensation. While care for the elderly and infirm can be challenging, care homes and medical centres have a duty to provide suitable care to their residents and staff alike. Like any employer or care-provider, they must ensure that their systems are safe and that suitable procedures are in place to minimise the risk of accidents and injuries. You can contact one of our highly experienced solicitors free of charge, with no obligation to continue with your case unless you wish to do so. Contact us today and let us see how we can help you or your loved one get the compensation they deserve.