Elderly woman dies after Bakersfield nurse refuses to do CPR

[Baz]

This is insanity.....

[masraum]

Interesting.

[speeder]

UNbelievable, really.

Sad.

[Baz]

I will never understand this.

What the hell kind of people are we breeding on this planet?

Sad is right....

[Baz]

I will never understand this.

What the hell kind of people are we breeding on this planet?

Sad is right....

[GWN7]

This was on the news up here. News said that it was "company policy not to do CPR"

Here, unless there is DNR order signed and on site you do CPR or you will loose your job and possibly do jail time.

I wonder how big the lawsuit will be?

[RWebb]

state law does not require asst. living places to give medical aid

apparently, they have some policy against it

[biosurfer1]

Daughter said nothing would have changed if they preformed CPR and she agrees with the way the nursing home handled it. I can't imagine a settlement was reached that quickly so maybe she wanted mom out of the picture?!?

[LakeCleElum]

Our legal Departments at work............Nurse gives CPR and not successful, family files a lawsuit.

Nurse declines, no legal standing, you can't force someone to assist...

Victim was 87, maybe she had a good run?

[speeder]

SHe was quite old but I can't get past the fact that she might have still had some quality time left on earth. This is a relative term as we age, my dad is hanging onto life even though his QOL has decreased dramatically.

[JavaBrewer]

I won't last to 87... Not by a long shot. Late 60s if I'm lucky. Had a good life so far so no regrets.

Sent with Board Express

[Moses]

It's simple. ACLS nuses are expensive to hire. These nurses are not ACLS certified. If they attempt CPR and fail, the lawyers will ask why the nurses are not ACLS certified? Easy money.

Still... At the end of the day we are people. And it's unimaginable that she didn't help.

[speeder]

The 911 operator told her that the EMSes would take responsibility for the CPR she was instructing them to do. It's all on tape. Whether that's lawsuit-proof is another question but I can't imagine how a suit could be successful in this case. HTF would some party prove that she gave CPR wrong? AND that the 87 y.o. would have lived...yes, you need both for a suit.

Good luck w/ that.

[GWN7]

Good Samaritan laws protect people in most areas from lawsuits. Good Samaritan law - Wikipedia, the free encyclopedia

That is unless you totally screw up. It all depends on your training (or lack of it).

[GWN7]

California Health and Safety Code Section 1799.102 :

1799.102. (a) No person who in good faith, and not for
compensation, renders emergency medical or nonmedical care at the
scene of an emergency shall be liable for any civil damages resulting
from any act or omission. The scene of an emergency shall not
include emergency departments and other places where medical care is
usually offered. This subdivision applies only to the medical, law
enforcement, and emergency personnel specified in this chapter.
(b) (1) It is the intent of the Legislature to encourage other
individuals to volunteer, without compensation, to assist others in
need during an emergency, while ensuring that those volunteers who
provide care or assistance act responsibly.
(2) Except for those persons specified in subdivision (a), no
person who in good faith, and not for compensation, renders emergency
medical or nonmedical care or assistance at the scene of an
emergency shall be liable for civil damages resulting from any act or
omission other than an act or omission constituting gross negligence
or willful or wanton misconduct. The scene of an emergency shall not
include emergency departments and other places where medical care is
usually offered. This subdivision shall not be construed to alter
existing protections from liability for licensed medical or other
personnel specified in subdivision (a) or any other law.
(c) Nothing in this section shall be construed to change any
existing legal duties or obligations, nor does anything in this
section in any way affect the provisions in Section 1714.5 of the
Civil Code, as proposed to be amended by Senate Bill 39 of the
2009-10 Regular Session of the Legislature.
(d) The amendments to this section made by the act adding
subdivisions (b) and (c) shall apply exclusively to any legal action
filed on or after the effective date of that act.

[jyl]

Not applicable. Nurse was not a volunteer on the scene of an accident.

[Baz]

If she had at least tried CPR as directed by the 911 operator and the resident still died - no way in hell any court would find fault.

Our country has gone to hell ---- how's that for the elephant in the room?

[whiskyb]

When I was a volunteer fire fighter we had to be certified every year. Weird thing was that every year something about how you do CPR was changed. Its been years since I was certified and who knows what they Certify to now.

Makes me wonder if I would still be able to or not.

[Lapkritis]

Last change was no more breaths applied, just chest compressions.

[tharbert]

I have a neighbor who was in an car accident that tore her aorta. An MD was driving the other way and immediately stopped and gave CPR. She lived but she lost a lot of brain function. Not sure the doctor did her a favor:

29k accident victims surveyed: Survival to 1 month was 2.2% among those who received no bystander CPR, 4.9% among those who received bystander CPR from lay people and 9.2% among those who received bystander CPR from professionals.

About the only thing you can take away from this is to make sure and check the fine print of your assisted living home agreement. Maybe the old lady knew she would die alone on the floor while some dimwit sat behind a counter talking to a 911 dispatcher.