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Nursing Home Found Negligent: Nurse did not perform CPR

A Minnesota nursing home has been found negligent in the death of a resident who died when a nurse failed to administer CPR.

According to a report issued by the Minnesota State Department of Health, the woman was admitted to the short-term rehabilitation unit of Oak Hills Living Center with the goal of returning home. The report also indicated that the patient’s Plan of Care included “CPR when necessary.” Unfortunately, the nurse claims she went into “panic mode” and that she was unaware of the CPR provisions in the resident’s plan of care until it was too late.

CPR Policies

In the past, some nursing homes had blanket no-CPR policies in place that prevented staff members – including nurses – from performing CPR. Instead, they would only call 911 and wait. On October of 2013, the Centers for Medicare & Medicaid Services issued a memorandum stating that facilities must not establish and implement facility-wide no CPR-policies.

The CMS document states, “Any limits on how a facility may implement advance directives should be applied on a case-by-case basis, taking into consideration a resident’s preferences, medical conditions, and cultural beliefs.”

Bill of Rights

In Ohio, like most states, residents of nursing homes and other residential care facilities have legal rights. You have the right to know what your health condition is, to decide how you will be cared for and to receive all the care you agreed to in your plan of care.

Residents are also entitled to

  • Have information
  • Make decisions
  • Have privacy
  • Have visitors
  • Be free from discrimination and restraints
  • A safe and clean living environment
  • Voice Complaints
  • Stay in the facility or, if they wish, receive services in another setting that meets their needs 

This is just a partial list of the many important rights afforded to nursing home patients. You can read the complete list of residents’ rights in Section 3721.13 of the Ohio Revised Code.

If you or someone you love was injured due to neglect or abuse while a resident of a nursing home or other residential care facility, contact an experienced nursing home attorney today.


Source:New Ulm nursing home cited in resident’s death; nurse claimed ‘panic mode’” by Robb Murray, Free Press of Mankato/TwinCities.com, February 12, 2014.