Firm fined after woman died eating toast at St Andrews care home.

The 94-year-old should not have eaten bread because it did not fit her diet. The operator of a St Andrews care home, where an elderly resident died after choking on scrambled egg and toast, has been fined nearly £50,000.

Katherine Bailes, 94, had been on a “minced and moist” diet since being diagnosed with dysphagia, a condition that causes difficulty swallowing food. She had only been a resident at St Andrews House Care Home for three months before her death.

Dundee Sheriff Court heard although the eggs were compliant with Mrs Bailes’ diet, the toast, despite being moistened and cut up, was not.

Central Scotland Healthcare St Andrews Ltd, which operates the facility, pleaded guilty to health and safety violations that contributed to her death by choking on April 6, 2024. A sheriff described Mrs Bailes’ death as “so clearly avoidable”.

Fatal meal

The grandmother was described as “well-liked” and “fiercely independent” by staff, according to the court.

She also had dementia and mobility challenges associated with old age. She moved into the house in January after being diagnosed with dysphagia by a speech and language therapist.

The care facility was made aware of her dietary limitations. Lisa Duffus, the fiscal depute, stated that she was alone in her room at around 6 p.m. “She was served scrambled egg on toast.

“The former would have posed no problems. However, bread cannot be minced and moistened.

“Even if soaked in butter and cut into small pieces with the crusts removed, which it was in this situation, it would not have been compliant.”

Mrs Bailes coughed and was observed by a carer, who informed a nurse; nonetheless, she was pronounced dead at 6.15pm, despite an ambulance being dispatched.

Owner’s sorrow

Mrs Bailes’ death was investigated by the Health and Safety Executive, and it was referred to the Crown Office.

According to defence counsel Elaine Smith, the corporation has implemented a number of additional safeguards to avoid a similar situation from occurring again. The court learnt that new risk assessments, updated training, and audits are in place.

“The company would like to extend their condolences to Mrs Bailes’ loved ones,” she explained. “The staff at the home genuinely care for their residents. “In this case, care fell short of expectations, resulting in the most devastating outcome.

“Mrs Bailes’ death has had a profound impact on the household. “The home directors and senior management team appreciate the significance of these proceedings.”

Ms Smith stated that the offence was not conducted with “malice or profit” in mind, and that the residence had not previously encountered any choking incidents.

Fined nearly 10% of profits

Central Scotland Healthcare St Andrews Ltd’s most recent accounts show a turnover of £4.1 million and profits of more than £460,000. According to the advocate, the house, which can accommodate up to 60 residents, is currently undergoing extensive renovations.

Sheriff Paul Ralph stated, “No amount of punishment can adequately reflect the loss suffered by Mrs Bailes’ family as a result of her death.”

“It’s difficult to imagine the devastation they must have felt on learning of the distressing circumstances of her death, the manner of which was so clearly avoidable.”

The company was fined £48,375 in total, which will be paid monthly at a rate of £7,500. The constable continued:

“The sum is a figure which I am sure will remind the company’s directors of the gravity of the offence.” The court case occurred just days after another involving a Fife care home operator.

Lister House (Fife) Ltd was fined more than £68,000 after a 50-year-old resident choked to death on a sausage that was not chopped small enough at Robert Allan House in Lochore. The fines in both cases were approximately 10% of the corporations’ annual profits.

Read more on Straightwinfortoday.com