the nursing home my mother was in violated her DNR order. her heart had stopped and she was without a pulse for 10 mins and they still called the paramedics and she was shocked and put on life support . Do i have a case against the nursing home?
2007-01-02 04:50:28 · 11 answers · asked by angel2450001 1 in Politics & Government ➔ Law & Ethics
As far as I know, YES, you certainly do.
And you have my sympathies. Call a lawyer immediately.
2007-01-02 04:51:49 · answer #1 · answered by ItsJustMe 7 · 0⤊ 0⤋
If all the paperwork was in order,DNR signed by the doctor and the family members,then it should have been followed.I have more of a problem with why they even attempted it if she was without a pulse for 10 minutes.I worked in many nursing homes.We only did CPR if we could say for certain that the persons heart had just stopped.If we found a patient on rounds that had expired,we did not do CPR,even if they did not have a DNR order.Brain damage is highly likely when someones brain is without oxygen for a period of time.
Being a health care professional,I must say that we are only human and make mistakes just like everyone else.It could be that this was an honest mistake,perhaps a new nurse that wasn't aware of the order(even though she should have been)or a recent graduate nurse who panicked and made the wrong choice.
You probably do have a case,but do you really want to sue the people that have taken care of your mother all this time?The nurses involved would probably all lose their jobs as well as possibly their nursing licenses.Only you can make that decision.
2007-01-02 05:42:22 · answer #2 · answered by stellablue1959 5 · 1⤊ 0⤋
Some DNRs stipulate that resuscitation must not be commenced if the cardiac arrest is definitely attributable to the stated medical condition on the DNR. For instance, someone has cancer and must not be revived if that is the cause of arrest. However, if the cause of arrest was possibly due to something other than the cancer (perhaps choking on food) then the DNR does not apply. Some DNRs apply only once the patient is in hospital care.
Most jurisdictions have *never* seen anyone prosecuted for attempting to save a life - DNR or not.
2007-01-04 12:57:05 · answer #3 · answered by scedex 2 · 0⤊ 0⤋
First let me say that I am sorry that you are having do deal with this. I would say that yes, You probably do have a case but I doubt that it would be worth the effort to prosecute it. Of course you can talk to a lawyer and get a better idea but
I am guessing that part of the reason that you would sue would be to collect a damage award. In this case, what would your damages be? If you have a jury trial, how many people would really (seriously) feel that much sympathy for someone whose mother was given a few more months (or whatever the case is ) to live. If your jurors have lost a parent, most would probably give an appendage to have one more second with their parents and it would make it rather difficult for them to sympathize with you
You are of course entitled to feel how you want to but I think that you are lucky because now you have the chance to say goodbye to your mom and be by her side when she makes her transition (or whatever your beliefs say will happen).
2007-01-02 04:59:10 · answer #4 · answered by Anonymous · 1⤊ 0⤋
If she had the DNR order on the chart then yes you do but the liability may be capped. Get a lawyer and sue their butts
2007-01-02 04:55:02 · answer #5 · answered by cuban friend 5 · 0⤊ 0⤋
I cannot get my head around the concept that anyone under any circumstances would wish to seek financial profit from people who kept a parent alive. One might - and indeed could - argue that dramatic action to preserve life was not necessarily kind. Sadly such cases do arise. But nobody - but nobody - should be punished for preserving life. What you are asking is if naked greed is acceptable. I say no.
Around the world far too many people die because no one would help them. Those who will help another human being live deserve respect - not financial penalties.
2007-01-02 04:57:51 · answer #6 · answered by Tony B 6 · 1⤊ 1⤋
You should contact a lawyer immediately. It sounds like you have a pretty good case and there would definitely appear to be grounds for violations of clear instructions.
If anything, they should be able to advise further.
2007-01-02 04:54:03 · answer #7 · answered by JACQUI S 3 · 0⤊ 0⤋
And what exactly do you intend to sue them for? The added per diem for the number of days she was kept alive? Are you responsible for paying it? If not, you have no damages. If so, how much does it add up to? Do you really want to sue somebody for that?
2007-01-02 09:07:39 · answer #8 · answered by Anonymous · 1⤊ 0⤋
Yes you do. That was her right, and they did they wrong thing by violating it. You should look into suing, or bringing charges against the nursing home.
2007-01-02 04:59:17 · answer #9 · answered by Popsicle_1989 5 · 0⤊ 1⤋
I cannot answer your question with any authority, but if it happened to me or mine, I would definetly sue if DNR had been
established
2007-01-02 05:17:12 · answer #10 · answered by lillgad 2 · 0⤊ 1⤋