What happens if a Nursing Home ignores a DNR Order & resuscitates a patient?

[Clearblue]

I have a relative who is a resident at a Nursing Home. The relative has a DNR Order recorded on file, placed within the last 12 months, in their patient records.
Recently the relative suffered a Grand Mal seizure, and their heart stopped beating, resulting in CPR being performed to resuscitate them by the Nursing Home Staff.
My question is, as the relative effectively died, their heart having stopped beating as a result of the seizure, prior to CPR being administered, and the Nursing Home ignoring the DNR which was in place. Legally what is the position now affecting the recovered relative regarding the continuance of paying the monthly fees and bills for the continuing care received after this event, and under these circumstances?
Are there any legal precedents regarding cases such as this at all?
Just interested in hearing opinions, has anyone else encountered a similar situation?
Thank you.

 

[Amy]

A Do Not Attempt Resuscitation (DNAR) decision does not override clinical judgement in the unlikely
event of a reversible cause of the patient’s respiratory or cardiac arrest that does not match the
circumstances envisaged.

This appears in a Resuscitation Council document...was the seizure an envisaged form of death?

Amy

 

[carole robson]

I have a relative who is a resident at a Nursing Home. The relative has a DNR Order recorded on file, placed within the last 12 months, in their patient records.
Recently the relative suffered a Grand Mal seizure, and their heart stopped beating, resulting in CPR being performed to resuscitate them by the Nursing Home Staff.
My question is, as the relative effectively died, their heart having stopped beating as a result of the seizure, prior to CPR being administered, and the Nursing Home ignoring the DNR which was in place. Legally what is the position now affecting the recovered relative regarding the continuance of paying the monthly fees and bills for the continuing care received after this event, and under these circumstances?
Are there any legal precedents regarding cases such as this at all?
Just interested in hearing opinions, has anyone else encountered a similar situation?
Thank you.

Is this similar to a living will. The first thing my mum did, when she was diagnosed with AZ was to fill out a form from the AA stating she did not want to be 'fed through a tube', receive CPR, or kept alive. Very sad for me., but made her feel in control. What are the legal issues with this.

 

[Chemmy]

Hello Clearblue

Welcome to Talking Point.

This is an interesting one and I'd be interested to see the replies.

I've wondered what would happen in my mum's CH if she had, say, a stroke. I have made it very clear that I don't want the ambulance to be called in such a situation, but it must be terribly difficult for the staff to stand back and watch someone die right in front of them, knowing they could perhaps save their life.

I guess the reality might be that there's no time in such a situation to consult the records for confirmation of a DNR, and if they do get it wrong and do nothing, they'd be in even more trouble.

I wonder if instinct just kicks in in that situation = act now, think later?

 

[PurpleJay]

If there is any doubt they are supposed to try and save the person is my understanding. I wonder if the nurse didn't know about the DNR in which case you should raise this with the manager at the home.

I presume the CPR was successful? Were there any ill effects? I was advised that the risks of carrying out CPR on mum were great - broken ribs etc and usually unsuccessful anyway but mum is frail.

Even where there is a DNR in place, are medical staff allowed to make a judgment call if the person is generally strong (despite having AZ) and likely to survive? I also would be interested to read others thoughts.

With regards to the do not hospitalize, I was told that although this was in place, there were some circumstances where they would have no choice - fractures or excessive bleeding for example. It is a preference as opposed to a definitive rule. Each situation would be taken on its own merits and discussed with me where possible. In emergency situations the GP surgery and ambulance service are aware. The out of hours team also have more information about mums medical history as I understand it so that they can be more proactive about keeping her at her care home and understand her situation.

In Clearblues case, I would be surprised if there were any legal comeback in terms of fees, but there may be something in negligence if there were ill effects. Just my opinion though and while I do have some legal training this is not my area. Again interested tor read others thoughts.

Jane

 

[PurpleJay]

Sorry double posted!