Failure to Provide Correct Texture Food Results in Resident Death
Summary
The facility failed to ensure that residents with physician orders for mechanically altered diets were provided the correct texture food items to prevent choking and meet their individual needs. This deficiency resulted in Immediate Jeopardy and actual harm/death when Resident #91, who was ordered a Dysphagia Advanced diet and was edentulous, was served a broccoli salad. The resident was subsequently found unconscious, required cardiopulmonary resuscitation (CPR), and when Emergency Medical Services (EMS) arrived, intubation was initially unsuccessful due to a piece of broccoli being found in the resident's airway. Resident #91 was pronounced deceased as a result of the incident. This affected one resident and had the potential to affect 15 additional residents who were identified as being on a Dysphagia Advanced diet ordered by their physician or other delegated provider. The facility census was 90. Review of the closed medical record for Resident #91 revealed that the resident had diagnoses including memory deficit following cerebral infarction, diabetes, peripheral vascular disease, hypertensive heart disease, hepatitis C, and hyperlipidemia. The resident was severely cognitively impaired and was independent with eating. The resident's care plan included providing a mechanically altered diet due to being edentulous and not wearing dentures. The resident was referred to Speech Therapy (ST) due to exacerbation of decreased safety awareness during oral intake, increased signs and symptoms of dysphagia, and risk for aspiration. The recommended discharge diet order was mechanical soft textures (Dysphagia Advanced). On the day of the incident, Resident #91 was served a meal tray with a broccoli salad cut into bite-size pieces while sitting on the edge of his bed. The broccoli salad was not properly chopped to meet the Dysphagia Advanced diet requirements. The resident was found unconscious and not breathing, slumped over with his face on his dinner tray. CPR was started by facility staff, and EMS was notified. EMS arrived and initially, intubation was unsuccessful until a piece of broccoli was removed from the resident's airway. The resident expired at the facility. The facility's investigation concluded that Resident #91 had choked on the improperly prepared broccoli salad.
Removal Plan
- Physician #17 was notified of Resident #91's death by Registered Nurse (RN) #9.
- Resident #91's daughter was notified of Resident #91's death by Licensed Practical Nurse (LPN) #10.
- LPN/Unit Manager #2 interviewed all residents with Dysphagia Advanced diet orders about their meal consistency for the dinner meal with no additional concerns identified.
- The DON and LPN/Unit Manager #2 initiated a house audit to identify any residents on Dysphagia Advanced diet. In addition, Regional Director of Operations Registered Dietitian (RDORD) #13 and RN #1 audited validation diet orders in the electronic medical record to ensure the meal tickets matched.
- The DON began conducting interviews and obtained witness statements from nursing staff working the time of the event involving Resident #91. All the interviews/witness statements were completed.
- The DON initiated education with facility staff on Dysphagia Advanced diet, the difference between diets/food textures/thickened liquids/obstructed airway care and meal service policy. Education included dietary staff to serve food consistencies as ordered and nursing staff to validate meal being served to resident matches meal ticket prior to serving to residents. The education was completed.
- The DON audited the breakfast meal to ensure Dysphagia Advanced diets were prepared appropriately with no concerns identified.
- The Administrator and DON reviewed all notes from Speech Language Pathologist (SLP) #15 and interviewed SLP #15 with no concerns identified.
- RDORD #13 reviewed Resident #91's meal ticket and dietary profile.
- RDORD #13 audited all diets in the electronic medical record and from the dietary meal tracker master list. Three (Residents #31, #20 and #12) residents' diet orders were fixed due to duplicate orders in the electronic medical record.
- The Administrator gave a verbal warning and suspended Cook #5 pending investigation in an effort to investigate the event prior to Cook #5 returning to work.
- The DON requested the EMS run report from the City Fire Department.
- RN #18 educated all residents/responsible parties with Dysphagia Advanced diets that refused to eat in dining room for potential risks of unsupervised dining. Education record assessment completed, and care plans were updated.
- Dietary Manager (DM) #4 educated Cook #5 on preparing a Dysphagia Advanced diet with a return demonstration completed successfully.
- The DON conducted an audit of all residents in house to identify residents ordered Dysphagia Advanced diet. The DON assessed all residents ordered a Dysphagia Advanced diet with no concerns identified.
- RDORD #19 in collaboration with Regional Speech Therapy Director #20 updated the Dysphagia Advanced diet policy/manual to define the appropriate size of chopped vegetables to be approximately 0.5 inches. There were no food exclusions outside what was listed on the Dysphagia Advanced policy as long as the food items met the size requirement.
- The DON conducted education with facility staff related to the updated Dysphagia Advanced policy/manual with the adjusted size of chopped vegetables to be approximately 0.5 inches via electronic communication. Any staff not able to be educated by that time would be educated prior to the start of their next scheduled shift.
- DM #4 initiated education with all Cooks related to preparing Dysphagia Advanced diet, including a return demonstration. All additional Cooks would be trained prior to the start of their next scheduled shift.
- The Administrator/DON/Designee with support of interdisciplinary team began audits which will be scheduled to be conducted on meal trays at different mealtimes to ensure correct meal consistencies were being served as ordered. Auditing would occur five times a week for two weeks, then three times a week for two weeks. Results of the audits will be reviewed with the Quality Assurance Performance Improvement (QAPI) committee with additional recommendations as warranted.
- Director of Therapy #21 conducted an audit of residents ordered a Dysphagia Advanced diet to identify date of last therapy screen. For any resident not screened in the last 90 days or that have not received speech therapy in the last 90 days, a screen would be completed.
Penalty
Resources
Below are regulatory guidelines relevant to this citation:
A resident with dementia, dysphagia, and muscle weakness had a physician order for a chopped texture diet, but was served unchopped quiche and matzoh balls during a meal. The family member reported this happened often and said they had to chop the resident's food themselves, while the DON and DFD confirmed the resident should have received the correct texture and that some items were not chopped before being sent to the unit.
Failure to Follow Ordered Texture Diet: A resident with dysphagia and an ordered puree/liquified diet received sponge cake instead of the prescribed texture. The resident later developed N/V, SOB, and possible aspiration after eating non-pureed food, requiring ED evaluation via 911. The DM confirmed the wrong texture was served, and the DON/ADON acknowledged that diet orders were not followed.
A resident with a dysphagia puree diet order was served a regular consistency roll at lunch. An NA buttered the roll and gave it to the resident in the dining room until a surveyor intervened and had it removed; the NA acknowledged the resident should not have received it.
Incorrect Diet Texture Served to a Resident with Dysphagia: A resident with severe cognitive impairment, dysphagia, and malnutrition was ordered a mechanical soft diet with thin liquids, but staff served meals with incorrect textures, including whole asparagus, thick-cut bacon, and a whole hard-boiled egg. The NA said she was new and did not know the resident’s diet needs, while dietary staff said the meal tickets and food preparation were inconsistent and that some items were not prepared to the ordered texture.
A resident with severe cognitive impairment, dementia, and malnutrition did not receive diet care consistent with the ARNP’s orders. Staff failed to transcribe updated orders for honey-thick liquids and specific feeding instructions into the EMR/Kardex, the resident continued receiving a nectar-thick supplement, and staff were observed feeding and assisting the resident from the wrong side instead of the ordered right side.
Failure to Serve Ground Meatloaf for Mechanical Soft Diets: The facility did not serve ground meatloaf as listed on the menu extension sheet for residents on mechanical soft diets. During tray line service, a dietary staff member stated there was no ground meatloaf because she had been told the meatloaf was mechanical soft friendly. The DM and RD agreed with that interpretation, while the ST stated mechanical soft meats are typically ground and that the affected residents should have received ground meatloaf.
Resident on chopped diet received unchopped meal items
Penalty
Summary
The facility failed to ensure that a resident with a physician-ordered chopped texture diet received food prepared in the correct form. The resident had diagnoses including dementia, dysphagia, and muscle weakness, and care plan interventions called for diet and food consistency per physician order, along with assistance and monitoring during meals. The physician order required no concentrated sweets, chopped texture, and thin liquids, and a speech language pathologist note documented that the resident continued to tolerate a chopped diet with thin liquids. On the dinner meal in question, the resident was served a slice of quiche and matzoh balls in soup that were not chopped, despite the chopped diet order. The resident's family member stated they often had to chop the resident's food themselves and reported that the unchopped meal was shown to an LPN. The Director of Food Services confirmed the resident was on a chopped texture diet and received unchopped quiche and matzoh balls, and stated these items were not chopped before delivery to the unit because kitchen staff did not chop certain foods to preserve their structure and presentation. The DON stated nursing staff must ensure residents on mechanically altered diets received the appropriate textured food, and the LPN stated they would chop food upon request but could not recall whether they assisted with this meal.
Failure to Follow Ordered Texture Diet
Penalty
Summary
The facility failed to ensure that a resident with dysphagia received food prepared in the ordered texture. Resident 1 was admitted with multiple diagnoses, including dysphagia, and the MDS indicated difficulty swallowing and a mechanically altered diet. The resident’s OSR listed a liquified texture diet, and the care plan directed staff to follow the diet/MD order. Despite these orders, the resident received sponge cake, which was not the prescribed puree-type texture. The physician progress note documented that the resident had been sent to the ED via 911 after nausea, vomiting, and possible aspiration following ingestion of non-pureed food. The note stated the resident developed nausea/vomiting and shortness of breath after consuming pound cake with raisins despite being on a strict pureed diet due to dysphagia, and was noted to have spitting up mucus and vomiting, raising concern for aspiration. The Dietary Manager confirmed the resident received a different texture than ordered, and the ADON acknowledged that all diet orders were expected to be followed and confirmed the resident’s prescribed diet was not followed.
Inappropriate Food Texture Served to Resident on Puree Diet
Penalty
Summary
Food was not provided in a form designed to meet an individual resident’s needs when Resident #111, who had an order for a regular diet with dysphagia puree texture and thin liquids, was served a regular consistency roll at lunch. The resident’s diet order also included fortified cereal at breakfast, fortified soup at lunch and dinner, and a two-handled cup with lid for meals. During a dining room observation, Nurse Aide #64 served the resident’s lunch tray and buttered a regular roll for the resident. Before the resident ate it, the State surveyor intervened and had the nurse aide remove the roll. Nurse Aide #64 confirmed the resident was on a puree diet and should not have received a regular roll, stating, “Yeah, you’re right,” and that she did not think it looked right.
Incorrect Diet Texture Served to Resident with Dysphagia
Penalty
Summary
The facility failed to ensure that a severely cognitively impaired resident with dysphagia received the ordered mechanical soft diet texture. The resident had diagnoses including oropharyngeal phase dysphagia and moderate protein-calorie malnutrition, and the record showed she was edentulous with dentures not available during a prior hospital SLP evaluation. The SLP documented oral holding and prolonged oral transit with puree solids and thin liquids, and later recommended a mechanical soft diet with thin liquids, small bites and sips, slow rate, and supervision while eating. During observation, the resident was served meals that did not match the ordered texture. At lunch, the tray contained a whole soft dinner roll, ground turkey chili with beans over cream of rice, and whole asparagus spears; the resident attempted to eat the asparagus but was unsuccessful. At breakfast, the tray contained a large slice of thick cut bacon and a whole hard-boiled egg with only a small area of teeth indentation. The meal tickets indicated mechanical soft textures, but the foods served did not match the ordered diet texture for the resident. Interviews with nursing and dietary staff showed confusion and inconsistency in how the diet order was interpreted and prepared. The NA who delivered the trays stated she was new and did not know the resident required a mechanical soft diet or that certain foods needed to be ground or mashed. The Dietary Manager stated the facility did not offer a mechanical soft ground diet, did not know why the ticket reflected that notation, and was not aware that asparagus should have been chopped or that the hard-boiled egg needed to be mashed. The SLP, RD, DON, NP, and Administrator all stated the resident should have received the correct mechanical soft texture, and staff acknowledged that the incorrect textures were served on both observed meals.
Failure to Follow and Transcribe Ordered Therapeutic Diet
Penalty
Summary
The facility failed to serve the appropriate therapeutic diet for Resident #5 according to the resident’s diet order. Resident #5 had a BIMS score of 1, indicating severe cognitive impairment, and diagnoses including Alzheimer’s disease, non-Alzheimer’s disease, and malnutrition. The resident’s MDS documented a mechanically altered diet, and the care plan directed staff to provide the diet as ordered and monitor for signs and symptoms of aspiration or difficulty swallowing. A diet order dated 4/13/26 directed a regular diet with pureed texture and nectar-thick fluids, and a progress note dated 7/2/26 documented new physician orders and feeding instructions for honey-thick liquids, positioning on the resident’s right side, giving a drink after each bite, and continuing the pureed diet. The resident’s record was not updated to reflect the new physician orders and feeding instructions in the physician order tab or Kardex. The July 2026 MAR listed a mighty shake as nectar-thick, and the resident received the nectar-thick supplement from 7/2/26 through 7/20/26. On 7/21/26, surveyors observed thickened water with a lid and straw in the resident’s room, and the DON verified it was nectar consistency. Later that morning, Staff B provided one-on-one feeding assistance while sitting on the resident’s left side instead of the right side ordered by the ARNP, and Staff C also sat on the resident’s left side while assisting with the mighty shake. The DON acknowledged staff did not transcribe the 7/2/26 physician orders to the electronic medical record.
Failure to Serve Ground Meatloaf for Mechanical Soft Diets
Penalty
Summary
The facility failed to ensure ground meatloaf was served for residents on mechanically altered diets according to the menu extension sheet. The lunch menu for 07/22/26 listed homemade meatloaf, mashed potatoes with gravy, and California blend vegetables, and the menu extension sheet specified that the mechanical soft meatloaf should be ground using a #10 scoop with one ounce of gravy, while pureed meatloaf and vegetables had separate serving sizes. During observation of the lunch tray line, the dietary staff member plating the meals stated there was no ground meatloaf for the mechanical soft diets because she had been told the meatloaf was mechanical soft friendly. Review of the diet type report showed four residents received a mechanical soft diet and one resident received a regular diet with ground meat. The Dietary Manager and Registered Dietitian stated the meatloaf was considered mechanical soft friendly even though the menu extension indicated it should be ground for the mechanical soft diet. The Speech Therapist stated that for mechanical soft diets, meats were typically ground, that meatloaf was considered a formed food unless cut up, and that residents on a mechanical soft diet should have received ground meat. She also verified that four residents she knew needed ground meat and confirmed that the resident she did not know received a mechanical soft diet and should have received ground meatloaf per the menu extension sheet.
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