AP/ March 5, 2013, 10:34 PM

Family: CA woman denied CPR wanted no intervention

Shown is the main gate of Glenwood Gardens in Bakersfield, Calif., Monday March 4, 2013, where an elderly woman died after a nurse refused to perform CPR on her last week.

Shown is the main gate of Glenwood Gardens in Bakersfield, Calif., Monday March 4, 2013, where an elderly woman died after a nurse refused to perform CPR on her last week. / AP Photo/Gosia Wozniacka

Updated 10:29 PM ET

SACRAMENTO, Calif. The company whose employee refused to administer CPR to a dying woman said Tuesday that the employee wrongly interpreted its policy. But the elderly woman's family said she would not have wanted life-prolonging aid.

The family's statement to the Associated Press absolving an elder care home of blame came less than 1-and-a-half hours before the company issued a statement saying the employee's failure to heed a 911 dispatcher's was the result of a misunderstanding of the company's emergency medical practices.

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Nurse who refused to give CPR under investigation

The developments were the latest twist in a controversy following release of a 911 tape that recounts a dramatic 7-minute conversation on Feb. 26 between a dispatcher and a nurse who refused to cooperate with pleas for someone to start CPR as firefighters sped to the scene. The dispatcher insisted that the woman who identified herself as a nurse perform CPR or find someone willing to do it. Lorraine Bayless, an 87-year-old resident of Glenwood Gardens independent living home, later died.

Bayless' family said she was aware that Glenwood Gardens did not offer trained medical staff, yet opted to live there anyway. "It was our beloved mother and grandmother's wish to die naturally and without any kind of life prolonging intervention," said the statement. "We understand that the 911 tape of this event has caused concern, but our family knows that mom had full knowledge of the limitations of Glenwood Gardens and is at peace."

The home's parent company, Brookdale Senior Living, later said, "This incident resulted from a complete misunderstanding of our practice with regards to emergency medical care for our residents. Glenwood Gardens is conducting a full internal investigation." The company said the employee was on voluntary leave during the process.

City fire officials say Bayless did not have a "do not resuscitate" order on file at the home. The family and the company have not commented

Glenwood Gardens is an independent living facility, and company officials say no medical staff is employed there. The woman who identified herself as a nurse to the dispatcher was employed at the facility as a resident services director, the company said.

The nurse's decision has prompted multiple state and local investigations.

The California attorney general was "aware" of the incident, said a spokeswoman, Lynda Gledhill. Bakersfield police were trying to determine whether a crime was committed when the nurse refused to assist the 911 dispatcher looking for someone to start CPR.

Play Video

911 recording: Did liability fears lead to woman's death?

The nation's largest trade group for senior living facilities has called for its members to review policies that employees might interpret as edicts to not cooperate with emergency responders.

"It was a complete tragedy," said Maribeth Bersani, senior vice president of the Assisted Living Federation of America. "Our members are now looking at their policies to make sure they are clear. Whether they have one to initiate (CPR) or not, they should be responsive to what the 911 person tells them to do."

Bayless collapsed in the Glenwood Gardens dining hall on Feb. 26. Someone called 911 on a cellphone asking for an ambulance to be sent and eventually a woman who identified herself as a nurse got on the line.

Brookdale Senior Living said in a statement that the woman on the 911 call was "serving in the capacity of a resident services director, not a nurse."

The Tennessee-based parent company also said that by law, the independent living facility is "not licensed to provide medical care to any of its residents." But it added later that it was reviewing company policies "involving emergency medical care across all of our communities."

Bayless' family said she was aware that Glenwood Gardens did not offer trained medical staff, yet opted to live there anyway.

"We understand that the 911 tape of this event has caused concern, but our family knows that mom had full knowledge of the limitations of Glenwood Gardens and is at peace," the family's statement said.

The death shines a light on the varying medical care that different types of elderly housing provide — differences that consumers may not be aware of, advocates say.

Even if independent living homes lack trained medical staff, some say they should be ready to perform basic services such as CPR if needed.

The California Board of Registered Nursing is concerned that the woman who spoke to the 911 dispatcher did not respond to requests to provide aid or to find someone who might want to help.

"If she's not engaged in the practice of nursing, there's no obligation (to help)," agency spokesman Russ Heimerich said. "What complicates this further is the idea that she wouldn't hand the phone over either. So that's why we want to look into it."

The family said it would not sue or try to profit from the death, and called it "a lesson we can all learn from."

"We regret that this private and most personal time has been escalated by the media," the statement said.

© 2013 The Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.
49 Comments Add a Comment
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allrightallreadym says:
The legal community has everyone fearing to be a Good Samaritan in California.

Lawyers have been making me sick for decades. There are just far too many of these jerks who "supposedly" exist to maintain order in society. This noble goal has been converted to become make lining their pockets the primary goal. It is truly sickening: As Danny Devito said in a movie:

What do you call 500 lawyers at the bottom of the ocean? Answer: Good for a start.
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RetiredArmy_Nurse says:
I'm surprised to read if the "nurse" was not working as a nurse she was not obligated to perform CPR. That's sure not the way I learned it. I was taught you do CPR even if you know the person is dead and you keep doing it until relieved or you become too exhaused to continue. The legalities of my still active license require me to do this now and I am still required by law to stop at accidents, etc, to render aid if I can. So is it true here that the California Board of Nursing states this non-response is OK? I have a very hard time believing that. Also, it has never been cleared up what kind of nurse this was, a 2, 3, or 4 year BSN nurse or a one year licensed practical nurse? Or was it a nursing assistant generically referred to as a nurse, but is a non-professional. At any rate, an assisted living facility that has a policy like this is not one anyone should consider as an option.
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krisinal says:
ER doc talks reality of CPR

http://www.al.com/opinion/index.ssf/2013/03/huntsville_hospital_er_physici.html
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howbizarre says:
"We regret that this private and most personal time has been escalated by the media," the statement said.

For the family: Well said. And condolences for your loss. I hope the memory of her long 87-year life and knowing she did not suffer at the end provides you comfort during your grief.
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Ladyrideraz replies:
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I'm glad to see the family defending this. Good for them! I wondered if this wasn't the case when I first read this.
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yankee_43 says:
Once again the NEWS MEDIA got it wrong PRINT BEFORE FACTS
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Robert_Marcos says:
This senior facility was nothing but an apartment building for seniors. That's it. In the United States our apartment buildings do not provide medical assistance. Everybody knows that. So get over it already!!!
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mari1963 says:
To me, this sounds like a private, family matter and is none of anybody's business. There is no such thing as privacy anymore.

The family knew, the woman knew, and the staff knew what this woman's wishes were.

Hey media - Butt out!
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technocoffee replies:
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PERFECT comment--all this hysteria for nothing!!!
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PourpaixPourpaix says:
Well, what's the use of letting someone die just because they are old and it's their time. That's not the American way. Far better to send them out sticking needles all over their body, breaking their bones, cutting them open, and sticking the family with a farewell medical bill of $100k after prolonging their life an endless hour. Now that's the American way!
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krj9 replies:
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Exactly
Robert_Marcos replies:
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Exactly. We're all going to die anyway. Better to go quickly and without suffering.
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factsplease37 says:
It seems to me that some time in this last year the medical profession has changed their mind on how to perform CPR. They say the "pound" is NOT necessary because there is oxygen around the heart and all you have to do is start the "pumping", which doesn't break ribs. They also said you don't need to do the mouth to mouth breaths either. Am I the only one who heard this??
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raboz replies:
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Even without administering a "pre-cordial thump" (the pound) it is VERY easy for even an experienced EMT to break or dislocate an elderly persons ribs.
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factsplease37 says:
Re-read the article. There was NO DNR order on file nor was this a nursing home. It was independent living so she must have been pretty healthy and spry to live on her own. 87 is not necessarily old, everyone is different. One of my best friends lived to be 97 and did all her owning cooking, showering, cleaning and etc. until the last 6 months of her life.
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nursedeb49 replies:
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it was not a nursing home, it was not a medical facility, it was assisted living, which means help with cleaning, meals and possibly bathing, so obviously she wasn't fully independant, however the place should've had her advanced directives, because she did NOT want the intervention. She had the right to choose.
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