Patient dies after nurse refuses CPR - The Japan Times

BAKERSFIELD, CALIFORNIA – A nurse's refusal to perform cardiopulmonary resuscitation on a dying 87-year-old woman at a California independent-living home despite desperate pleas from an emergency dispatcher has spawned a criminal investigation.

Lorraine Bayless collapsed Feb. 26 in the dining room of the retirement home, which offers many levels of care. She lived in the independent living building that state officials said is like a senior apartment complex and doesn't operate under licensing oversight.

The harrowing seven-minute call also raised concerns that policies at senior living facilities could prevent staffers from intervening in medical emergencies and prompted calls for legislation to prevent a repeat of the incident.

During the call, an unidentified woman called from her cellphone and asked for paramedics to be sent to help Bayless. Later, a woman who identified herself as the nurse got on the phone and told dispatcher Tracey Halvorson that she was not permitted to perform CPR on the victim.

Halvorson urged the nurse to start CPR, warning the consequences could be dire if no one tried to revive Bayless, who had been laid out on the floor on her instructions.

"I understand if your boss is telling you, you can't do it," the dispatcher said. "But . . . as a human being . . . you know, is there anybody that's willing to help this lady and not let her die?"

"Not at this time," the nurse answered.

Halvorson assured the nurse that the living home couldn't be sued if anything went wrong in attempts to resuscitate Bayless, saying the local emergency medical system "takes the liability for this call."

Later in the call, Halvorson asked: "Is there a gardener? Any staff, anyone who doesn't work for you? Anywhere? Can we flag someone down in the street and get them to help this lady? Can we flag a stranger down? I bet a stranger would help her.

"I understand if your facility is not willing to do that. Give the phone to a passerby. This woman is not breathing enough. She is going to die if we don't get this started, do you understand?" Halvorson asked.

By the time fire crews arrived at the scene, Bayless had no pulse and wasn't breathing.

Sgt. Jason Matson of the Bakersfield Police Department said its investigation so far has not revealed any criminal wrongdoing, but the probe is continuing.

• Mail the editor
• Republishing
• Commenting Policy

• Had that been my grandmother or mother I would be in an ass kicking mood!

• Unfortunately, this article, like so many news articles leaves out many details that change the whole prospective of the incident. Although the 87 y.o. woman did not have a written DNR notification on file, she had orally expressed her desire not to be resuscitated to her relatives. Although the woman at the elder care center described herself on the 911 call as a nurse, some news articles reported that she actually was not a registered nurse nor any other licensed health care professional. While one may deplore a certain lacking of humane instincts, under California law, a passerby is not required to render aid to someone who appears to require it. A failure of the news media to accurately report this incident caused the uproar that was misplaced.

• The woman who died wanted a "natural death'. She was not in a nursing home, but an assisted living facility. She was 87 years old. CPR, even if "successful", would have left her most likely with painfully fractured ribs, possibly a fractured sternum, possible lung puncture(s), and most certainly a very diminished capacity for living independently if she survived the ICU, where she would have been taken. CPR is not successful in the very elderly if one measures quality of life following successful resuscitation. Her family is not unhappy with how the situation was handled. I never want to be resuscitated! Ever! I was a first responder to Code Blue calls in a hospital for years. Believe me, CPR is not a miracle for every person who receives it. It may create a living hell for whatever remains of that person's life.

• Too many facts left out for a comment.