Glenwood Gardens located on 350 Calloway Drive, Bakersfield, California is a senior living facility. It offers the following services, nursing home, assisted living senior community and Alzheimer’s care. Recently Glenwood Gardens has made national news for a highly controversial incident that occurred Tuesday, February 26, 2013. Lorraine Bayless an 87-year-old woman died after a nurse refused to perform CPR on her despite the 911 dispatchers’ pleading. This debate centers on the topic with a question “Should the nurse at Glenwood Gardens have used the Good Samaritan Law to assist with CPR on the 87-year-old woman?” Pros and cons are explored as well as the moral and ethical thoughts on this incident.
Should the Glenwood Gardens nurse have used the Good Samaritan Law to assist with CPR on the 87-year-old woman named Lorraine Bayless? One must first know what the Good Samaritan Law is and who it applies to. “1799.102. (a) No person who in good faith, and not for compensation, renders emergency medical or nonmedical care at the scene of an emergency shall be liable for any civil damages resulting from any act or omission. The scene of an emergency shall not include emergency departments and other places where medical care is usually offered. This subdivision applies only to the medical, law enforcement, and emergency personnel specified in this chapter. (b) (1) It is the intent of the Legislature to encourage other individuals to volunteer, without compensation, to assist others in need during an emergency, while ensuring that those volunteers who provide care or assistance act responsibly. (2) Except for those persons specified in subdivision (a), no person who in good faith, and not for compensation, renders emergency medical or nonmedical care or assistance at the scene of an emergency shall be liable for civil damages resulting from any act or omission other than an act or omission constituting gross negligence or willful or wanton misconduct.” (California Health and Safety Code Section 1799.102, Marc) Glenwood Gardens states this 87-year-old woman was living in the Assisted Living facility, which by law is not licensed to provide medical care. Non-medical personnel, whom are not expected to or paid for medical services, supervised this woman. According to channel 23 News, Glenwood Gardens released a statement stating that the nurse involved was serving in the capacity of Resident Services Director, not as a nurse. A Resident Services Director description found for jobs at Atria.com for Rancho Cucamonga, CA. (closest description found for this position, none found in Bakersfield) is as follows: “Responsibilities:
-Supervise medical technicians and care giving staff
-Ensure that we are providing the best quality of care to our senior residents
-Adhering to all company and regulatory standards
-Perform assessments of potential residents to determine their levels of care and continually assess our existing residents to make sure their needs are being met
-Implement and maintain an accurate wellness record for each resident
-Supervise the storage, distribution, administering of and discontinuation of resident's medication
-Serve as the liaison between residents and their families, administration and staff as well as with the residents' physician, pharmacist and medical personnel
-Schedule and staff your department while playing a key role on the management team of a successful Assisted Living community.
Qualifications:
-Must be LPN / LVN or RN in good standing and meeting all state health requirements
-3+ years experience in geriatrics
-Background in training and mentoring staff
-Strong supervisory and management skills
-Computer skills
-Must enjoy working with seniors!” (Atria senior Living, Feb,) Part of the nurses’ description was to “Continually assess our residents to make sure their needs are being met” This woman’s need was CPR… This woman’s need was oxygen. The employee