There are laws. When does anyone have the right to refuse treatment to someone dying?
The Cardiac Arrest Survival Act (11/2000) granted immunity from civil damages for administering CPR and using an AED with some restrictions (i.e. immunity does not apply in cases of gross negligence and/or willful misconduct)
In January 2000, (click here) the 106th Congress of the United States amended the Public Health Service Act to include the Federal Cardiac Arrest Survival Act (CASA). On January 24, 2000, the President signed the Act. The CASA recommends the placement of automated external defibrillators, or AEDs, in all Federal buildings and provides for Federal Good Samaritan protection to emergency first responders who use AEDs....
California actually granted this facility the right to withhold emergency treatment?
Why does that sound incorrect to me?
This sounds like negligence. Gross negligence. A licensed nurse was on duty, yet she has the responsibility of withholding life saving CPR? It is not the law to allow someone to suffer and die while waiting for the EMS responders.
....In a written statement, (click here) Jeffrey Toomer, the executive director of Glenwood Gardens in Bakersfield, Calif., says it is the facility's practice "to immediately call emergency medical personnel for assistance and to wait with the individual needing attention until such personnel arrives. ... That is the protocol we followed."...
This is criminal neglect. Yes, it is. Assisted Living facilities don't have to staff professionals to administer care under the demands of a "Skilled Nursing Facility," but, they have to respond to life threatening circumstances. Calling 911 while a professional is within reasonable response time is not a legal alternative. If this happened when there was no professional staff on the premise it would be a different story, SOMEWHAT.
Nursing Assistants are the usual staff of these facilities round the clock, but, they are trained CPR. I believe the Nursing Assistants have to maintain an annual certification to maintain their state certification.
This is criminal neglect. I don't care if the family is okay with it. Unless this woman had an active and current Do Not Resuscitate (DNR) there was a legal obligation to respond to the emergency with professional staff on duty. I am sorry to hear a professional would actually accept her lack of response as a reasonable option in her employment. What was she there for? Paperwork? She has to keep the facilities paperwork in order with professional credentials?
The Cardiac Arrest Survival Act (11/2000) granted immunity from civil damages for administering CPR and using an AED with some restrictions (i.e. immunity does not apply in cases of gross negligence and/or willful misconduct)
In January 2000, (click here) the 106th Congress of the United States amended the Public Health Service Act to include the Federal Cardiac Arrest Survival Act (CASA). On January 24, 2000, the President signed the Act. The CASA recommends the placement of automated external defibrillators, or AEDs, in all Federal buildings and provides for Federal Good Samaritan protection to emergency first responders who use AEDs....
California actually granted this facility the right to withhold emergency treatment?
Why does that sound incorrect to me?
This sounds like negligence. Gross negligence. A licensed nurse was on duty, yet she has the responsibility of withholding life saving CPR? It is not the law to allow someone to suffer and die while waiting for the EMS responders.
....In a written statement, (click here) Jeffrey Toomer, the executive director of Glenwood Gardens in Bakersfield, Calif., says it is the facility's practice "to immediately call emergency medical personnel for assistance and to wait with the individual needing attention until such personnel arrives. ... That is the protocol we followed."...
This is criminal neglect. Yes, it is. Assisted Living facilities don't have to staff professionals to administer care under the demands of a "Skilled Nursing Facility," but, they have to respond to life threatening circumstances. Calling 911 while a professional is within reasonable response time is not a legal alternative. If this happened when there was no professional staff on the premise it would be a different story, SOMEWHAT.
Nursing Assistants are the usual staff of these facilities round the clock, but, they are trained CPR. I believe the Nursing Assistants have to maintain an annual certification to maintain their state certification.
This is criminal neglect. I don't care if the family is okay with it. Unless this woman had an active and current Do Not Resuscitate (DNR) there was a legal obligation to respond to the emergency with professional staff on duty. I am sorry to hear a professional would actually accept her lack of response as a reasonable option in her employment. What was she there for? Paperwork? She has to keep the facilities paperwork in order with professional credentials?
