State slaps FL nursing home with $16,000 fine for resuscitating resident against his wishes

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According to news reports, authorities in Florida  fined a nursing home $16,000 for reviving a resident with a do-not-resuscitate order.  The event occurred in February at Jacaranda Manor in St. Petersburg.  A 75-year-old male resident stopped breathing in the dining room, prompting staff to perform cardiopulmonary resuscitation and use a defibrillator.   A licensed practical nurse who helped perform CPR on him told her supervisor she discovered the 2010 order, which was signed by a legal guardian and physician, after paramedics took the man to the hospital.   Records don’t make clear what happened to the resident, who was placed in intensive care and had chest tubes inserted in his lungs. He suffered from nearly 20 medical conditions, including chronic airway obstruction, a kidney disorder and dementia.

Under state law, nursing homes must honor residents’ end-of-life directives.  Due to the violation of law, the Florida Agency for Healthcare Administration handed down the fine . From the investigation, the St. Petersburg facility has retrained its staff, state records say.

Nursing home residents often change their mind about CPR after they are admitted, research has found, with many switching to do-not-resuscitate orders.The procedure in question: CPR. It’s a lifesaving method that can leave you with broken bones which is why some patients opt not to have it done at all.  They do it with a Do Not Resuscitate order or DNR. It has to be signed by a doctor and is only used when somebody does not want CPR or to be resuscitated.

Nursing home residents’ rights are the legal and moral rights of the residents of a nursing home as set forth in Federal and Florida law.  The rights of residents here in Florida are set forth in Section 400.022, Florida Statutes.  Residents acquire a list of rights that includes each nursing home resident shall have the right to refuse medication and treatment.

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