Nursing home residents who have their advanced directives ignored, should contact a nursing home code status lawyer. Cardiopulmonary resuscitation (CPR) is a life-saving emergency procedure that is performed when the heart stops beating. A cardiac defibrillator can provide an electrical shock to the heart via pads to get the heart back into rhythm. A nursing home code status lawyer should be consulted when a patient specifies their desire for these measures and the facility subsequently fails to implement them, resulting in the resident’s death.
CPR and Nursing Home Regulations
The State Operations Manual requires nursing homes to provide quality of life for residents. Under section §483.24 (a)(3):
“Personnel provide basic life support, including CPR, to aa resident requiring emergency care prior to the arrival of emergency medical personnel and subject to related physician orders and the resident’s advanced directives.”
This regulation clearly outlines that it is a resident right to receive CPR if they want it. It also establishes that the facility has the responsibility to initiate emergency response. If your loved one’s right to CPR was violated at a nursing home, contact a nursing home code status lawyer at the Wieand Law Firm, LLC for help.
Reasons Nursing Homes Fail to Implement CPR and Cardiac Defibrillation
Failure to implement emergency procedures to sustain a resident’s life may be due to several factors:
- Untrained Staff – The Centers for Medicare and Medicaid Services (CMS) require that nursing home staff be trained in CPR. A Survey and Certification Letter issued on January 23, 2015 requires staff to receive hands-on practice and an in-person skills assessment for CPR.
- Trained staff Unavailable – The January 2015 Survey and Certification Letter also requires CPR certified staff to be always available. A nursing home code status lawyer has seen situations in which there have been no CPR certified staff members on duty at the time of the incident. This situation can occur when a facility does not provide ongoing training, or when the facility fails to monitor staff credentials to ensure they are current and active.
- Code Status Not Verified – In some cases, nursing home staff fail to perform CPR because they don’t know the resident’s advanced directives and don’t check the medical record to confirm code status.
- Policy Failures – A nursing home is required to maintain policies and procedures regarding the resident’s right to formulate an advanced directive. A facility-wide “No CPR Policy” is strictly prohibited.
- Equipment failure – Some states, including New Jersey, require nursing homes to have an Automatic External Defibrillator (AED) onsite. A nursing home that fails to maintain an AED in working order may be liable for neglect.
Contact a Nursing Home Code Status Lawyer at the Wieand Law Firm, LLC Today!
Nursing homes who fail to initiate life-saving interventions when appropriate must be held liable. The nursing home code status lawyers at the Wieand Law Firm are experienced in these types of cases. Reach out to our attorneys for a free consultation and learn about your legal options for compensation through a wrongful death case.
Call 215-666-7777 or send us a message via the online form on the bottom of this page today to speak directly to an attorney.
