"I made a mistake": Caregiver at hostel for residents with disabilities convicted of negligent homicide
The Petah Tikva Magistrate's Court convicted a caregiver at a hostel for residents with disabilities in central Israel of negligent homicide, after a resident with intellectual disabilities choked on a bourekas the caregiver left in the kitchenette contrary to instructions. Judge Gil Gabai determined she knew the resident ate only ground food due to swallowing difficulties, and that leaving the solid food within reach created an unreasonable risk. The resident died on May 13, 2020.
The Petah Tikva Magistrate's Court convicted a caregiver at a hostel for residents with disabilities in central Israel of negligent homicide, in a case in which a resident with intellectual disabilities choked on a bourekas the caregiver left in the kitchenette. According to the verdict, the incident occurred on May 8, 2020, during a shift in which the caregiver was responsible for seven residents. After dinner, at around 18:30, she left on the counter a plate with bourekas that one of the residents had not finished. The instruction was to throw uneaten food in the bin. Minutes later, while she was caring for another resident in the shower room, the resident approached the kitchenette, took a bourekas and ate it. She choked and fell. At around 18:38 the caregiver noticed her turning blue and called for help. The resident was evacuated to Meir Hospital on a ventilator and sedated, and on May 13 she died. Judge Gil Gabai determined that the caregiver knew the deceased ate only ground food due to swallowing difficulties, and had heard about her attempts to take unsuitable food. Under these circumstances, leaving the bourekas in an accessible place created an unreasonable risk. The caregiver denied responsibility and claimed she had not received proper training or a sufficient explanation of the risks, and that she had left the food on a water dispenser and not on the counter. The court rejected her claims. The case was handled by Adv. Daniel Iken of the Central District Prosecution.