Caregiver Convicted of Negligence After Disabled Resident Dies from Choking

A plate of bourekas left on a kitchen counter in a residential facility for people with disabilities led to a fatal tragedy within minutes. Jose, a resident with an intellectual disability who was restricted to pureed foods due to swallowing difficulties, took a bourekas from the plate, ate it, and choked. Five days later, she passed away at the hospital.

The Petah Tikva Magistrates' Court convicted her caregiver, Varda Attar, of causing death by negligence. The court ruled that she had left the food within reach of the resident despite being well aware of the danger. During her testimony in court, the caregiver confirmed that she had admitted after the incident: "I made a mistake by leaving bourekas on the water dispenser."

Background and Indictment

According to the indictment, Attar worked at the facility for several months in 2019 and returned to work there in May 2020. She was assigned to a ward housing seven female residents with varying degrees of intellectual disabilities. One of them was the late resident, who required pureed food due to swallowing difficulties.

The indictment stated that before her shift began, the caregiver was explicitly instructed that some residents eat solid food while others require pureed or ground food. She was warned that unsuitable food could cause choking and endanger lives. She was also cautioned that some residents tended to take food not intended for them, and that the deceased had previously attempted to do the same.

Following dinner, Attar left a plate containing bourekas that another resident had not finished in the kitchenette, violating the protocol to discard uneaten food. Moments later, while the caregiver was assisting another resident, the deceased entered the kitchenette, took a bourekas, and ate it. She choked and collapsed on the floor. Shortly thereafter, the caregiver noticed her lying on the floor and called for emergency assistance. The deceased was evacuated to Meir Medical Center sedated and intubated, but her death was pronounced several days later.

Court Proceedings and Defense Arguments

During the trial, prosecutor Adv. Tuvia Harel from the Central District Prosecutor's Office presented security camera footage documenting the incident. The verdict noted that at approximately 6:36 PM, the deceased was seen entering the kitchenette and standing near the counter. She was later seen picking up something from the floor and placing it in her mouth several times before collapsing.

Medical documents presented in court showed that Magen David Adom paramedics removed a foreign object identified as a bourekas from the victim's airway. Judge Gil Gabai ruled that a direct causal link existed between leaving the food in the kitchenette and her death.

In contrast, the caregiver denied responsibility for the resident's death. She claimed she was assigned to the ward without sufficient training and guidance while still supposed to be undergoing onboarding. She also argued that the deceased belonged to a different ward and was not under her direct responsibility at the time.

Judicial Ruling and Rejection of Defense

Judge Gabai rejected the defense arguments, stating that Attar had already completed four morning shifts upon her return to work, making her fully qualified for care tasks without close supervision. The judge highlighted contradictions between the caregiver's versions and the security footage, particularly noting that her claim of leaving the food only after the deceased went upstairs contradicted the video evidence.

A significant piece of evidence was Attar's own admission following the incident, where she acknowledged to the housekeeper that she had made a mistake.

"All that was required of the defendant, who was warned before and during her shift against the possibility of food theft and was aware of the risk of choking as a result, was not to allow the residents uncontrolled access to food," the judge stated in the verdict. "A reasonable person, let alone a reasonable caregiver, should know that under such circumstances, leaving food near someone who could choke and die from it is strictly prohibited."

The court also dismissed the defense argument regarding the absence of an autopsy, ruling that the security footage, witness testimonies, and medical documents conclusively proved the link between consuming the bourekas and the resident's death.