A Sometimes Fatal Distinction in CPR Policies in Independent Living and Skilled Nursing Facilities

CPR Policies

Last Updated on: 4th November 2021, 02:19 pm

Outrage across the country was sparked by a staff member’s refusal to render CPR to a collapsed 87- year-old woman at an independent living facility in Bakersfield, California earlier this year. The staff member, whose decision was backed by the Bakersfield facility, Glenwood Gardens, stated several times in the 911 tape that it was against the facility’s policy to provide CPR despite repeated pleas by the dispatcher to begin CPR on the woman; the elderly woman died before emergency response arrived. Although there was great public outcry regarding the facility’s policy, the facility employee was not technically wrong. While it definitely sounds morally outrageous to fail to assist a resident in peril, there is no regulatory requirement that independent living facilities provide CPR to residents. This is why understanding a facility’s CPR policy is crucial in making decisions on which facility is best for yourself or loved ones and is a factor most do not consider when making such an important decision.

Independent living facilities are housing communities for seniors. These facilities offer apartment-style quarters with amenities such as planned activities, meal preparation, and housekeeping. Independent living facilities are typically patronized by seniors who do not require much assistance with daily activities or constant medical care. Independent living facilities are not required by law to provide medical services or employ medical staff. If a resident of an independent living facility suffers an emergency requiring CPR, a facility with the “No CPR” policy does not have to and will not render CPR while waiting for emergency response, regardless of any advanced directives a resident may have.
To the contrary, skilled nursing facilities are prohibited from implementing “No CPR” policies. These facilities provide 24-hour professional nursing services as required by law. Most SNF have physical therapy programs, cognitive therapy programs, dietary programs, and programs to encourage activity. Seniors who choose SNF require significant assistance with activities of daily living and are in need of around the clock medical care. A SNF may only withhold CPR to a resident if that resident has a “do not resuscitate” directive (DNR).

It is important to understand and appreciate the risk of living at an independent living facility with a “no CPR” policy. While senior residents and family members are made aware of such policy before moving in, not fully considering the consequences of the policy can lead to devastating outcomes for both resident and family. Even if a SNF is chosen as the better facility and CPR will be provided absent a DNR directive, it is always a good idea to discuss what options are available and the consequences of each option.

About Berman & Riedel, LLP firm managing partner attorney William M. Berman:

Attorney William M. Berman focuses his practice in the areas of catastrophic personal injury, wrongful death and elder abuse and neglect. Strictly a plaintiffs’ dedicated firm, he never represents insurance companies in the defense of claims. Mr. Berman’s firm remains staunchly committed to helping those who have suffered serious injury or loss due the negligence, intentional misconduct or wrongful acts of others.

Mr. Berman has grown his firm to what is considered one of the largest and most successful elder abuse/neglect practices within California. Through his continued successes in handling claims involving nursing home and elder abuse and neglect, Mr. Berman remains a prominent figure in advocating on behalf of this vulnerable class of citizens.

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Attorney Bill Berman

William M. Berman, Esquire
Berman & Riedel, LLP
12264 El Camino Real, Suite 300
San Diego, California 92130
ph: (858) 350-8855
fax: (858) 350-9855
web: www.bermanlawyers.com