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Investigation into nurse who refuse to give CPR

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    Police probe into criminal wrongdoing

  • Duration 5:48
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They're 911 call shocking -- nation now a nurse at a retirement home.

Refusing to perform CPR after a woman age 87 collapses.

What you're about to hear is an emergency dispatcher pleading with an employee at the home -- Yeah we can't do it I don't have a -- -- to have them out of the pocket and I'm -- and -- Iraq -- a -- I don't have a New York -- not -- not -- -- -- that after I think at that I.

-- -- -- -- I don't know where is that you yelling I'm thankful that we have to ask one of president looked on.

Did -- And -- -- I'm not gonna do that.

-- the employee on the other end of line that you just heard there -- says it was against policy to intervene.

And that woman later collapsed and died in the hospital police are launching an investigation to see whether or not there -- criminal wrongdoing to be found here.

Here's Bakersfield place this investigation ultimately led to a preliminary investigation with regards to possible misconduct on the part of employees of Glenwood garden.

To see if there was any -- criminal culpability for the decedent.

-- -- A Rod Wheeler now former DC police investigator Fox News contributor Brian play -- -- -- rather civil rights litigator.

Criminal defense attorney gentlemen good morning to both the others that it would there's a law enforcement angle on this there's a legal angle to it thank you both for your time -- on the investigation side what do police look for here.

There's two main things though that they're looking for one is whether or not this facility has a history of any abuse or neglect of their patients.

That's obviously going to be a huge part in them determining whether or not they're gonna seek any kind of criminal penalty.

Against this woman the other thing that's very critical here is whether or not there was any willful intent.

On behalf of this woman who may be a nurse who may not be a nurse I've heard different stories.

Was there any willful intent or serious gross disregard.

Of human life -- -- are not taking actions so from a law enforcement perspective bill that's the angle that the.

He says get a barrel that's where they again and this is the latest reported that the staffer.

Previously identified as a nurse was a resident services director.

I'm an employee there OK Brian her defense.

Is what that.

Well bill there's there's no criminal culpability here the DA's not gonna press charges here morally she's -- bankrupt.

Now they're not going to be able -- press charges because she hasn't broken a law nor has the facility.

They're not even licensed or regulated by the state Department of Health and Human Services so they haven't been subject any regulation haven't violated any regulation.

Morally they've done something wrong but again this was not an assisted.

-- -- living facility this was not a residential care facility this was like a senior apartment.

Complex -- it was a it was everybody it was independent living in your right she was not being assisted meaning she did not have a nurse with -- You know for a period of time -- -- 24 hour day period but why does that matter assisted living vs independently.

Because assisted living means that you signed up for 24 hour health care.

That means -- signed up to have a nurse near your your elderly folks 24 sevenths so there's something goes wrong.

They have to be trained to be able to administer health to administer aid right away.

When you're just in -- retirement facility like this was -- you're not signing up for that.

Not -- bill is.

Is that is that Glenwood -- did disclose to the family.

That there would not be any CPR administered something like this happen so the family was unnoticed as well -- Brian -- if she's -- If she were afraid of legal action is that justify.

Not to know it's not build you up with it -- -- this interest in this -- prompts another problem we have across the country I commented on a case the other day.

About a bartender in Ohio bill who was fired because she called the police on somebody she served alcohol to she thought this person.

Was -- it was gonna -- kill somebody driving right.

She got fired buyer employer for doing that we live in a society now where employers.

Discourage.

Their employees from doing the right thing about that had a really remarkable yet and the director this facility Glenwood gardens said.

The staffer did the right thing.

Now rod there are some states who have good samaritan laws that's right if you don't act you can pay a price for that there's a -- -- don't mind.

Well Vermont is one of those states from what I understand the state of California does not have a good samaritan -- but here's the thing that you have to understand about the good samaritan law.

If you're acting in the capacity of your occupation -- not considered a good samaritan although I must disagree to a little bit with Michael panelists.

When we talk about culpability.

And we're talking about the culpability of this nurse if she is a nurse or have had any training in our history.

And she failed to take action there may be and I underline the word may be some degree of culpability there.

Brian what about that.

Bill -- that that's not true because.

That there's no way the DA could prove medical causation.

You can't just proven omission on the part of this woman you have to -- the battle mission led to the death of this elderly woman.

And 99% of the time when somebody.

Has lost the -- even if you administer CPR.

It's not gonna save the person on -- all right -- -- and that maybe that maybe that they'll -- -- death but contribute to her death and what we're seeing.

In time very shortly I do believe what monopolies make a move on this case by the way the the surviving daughter of missing seven year old woman who's now -- -- Says she does not have a problem with the way they acted or reacted to her mother's condition Brian faithful thank you Rod Wheeler thanks -- -- was well served.

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