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Retirement home no-CPR policy under fire after woman's death

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    'Kelly's Court' breaks down legal questions

  • Duration 4:41
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-- -- is back in session on the docket today retirement homes know CPR policy.

Comes under scrutiny the California facility under fire after one staffer refused to perform the lifesaving procedure on an 87 year old woman who collapsed and was barely breathing.

He did call 911.

Take a listen.

OK I don't know everything he got a letter and I by the facility.

When blow.

Yeah Atlanta will or they're coming up later they'd probably all -- time but we can't recently at the high school.

Well that yes I think if anybody can drink a -- -- I'd like to help I had a hand if you're I can't.

If there yeah.

If it's human being I don't you know it and I think -- we're going to help the lady a letter.

I'm not as a -- Charming.

Turning now a potential legal liability here Randy -- he's a former prosecutor now defense attorney and Mercedes Colin who's a fox and the legal analyst.

So -- needed the that the S it's not an assisted living home with the retirement an independent living facility and a policy is.

Do you CPR and they say we tell the residents when they move in in the 87 year old knew she happened to collapse needed it she wasn't gonna get.

Does that absolve them.

-- and I'm sure that they told the sun and the daughter.

Or the family members who are actually footing the bill and had to make the gut wrenching decision to put mom or dad.

Into that retirement community the same thing at the time that they wrote the check and I'm sure that they advertise that.

As well to the public are what -- -- real good care of your parents but of god forbid there's an emergency.

Which is gonna let him die.

Doesn't absolve them perhaps criminally.

Perhaps maybe even civilly -- negligence you can argue that hey.

If you know you can do something -- a reasonable person would do something and you don't do it and you could do it.

No I don't think it does it certainly doesn't absolve them morally and it certainly doesn't absolve a nurse who is trained to do no harm.

-- -- -- And -- is a question by the way whether this one was a nurse who is I was calling 91 -- -- you hurt you here on the tapes say I'm a nurse.

And yet Mercedes.

Didn't seem to like you -- nursing instincts were really kicking in on the call.

No but there's so many defenses in this case and yes absolutely tragic terrible but it won't even get to the jury what really say that.

One there are lots of contracts you -- bring your your loved one to these types of in the.

-- -- -- can't absolve you from credit Lionel and over the reports that police.

Are now investigating whether criminal wrongdoing happened he.

But there's no duty to rescue under California law and there is no duty to rescue most jurisdictions so even though there would be -- if circumstances.

There are exceptions to the non duty to rescue.

OK -- what -- like all right I got there's no duty to restaurant Randi what if you call Lima one.

And you're on the -- 91 is this nurse was and nine while one is saying did any one -- get it Gardner put somebody on the phone for the love of god.

And you refuse now you've done something more than just stand by.

It's a great question because remember what recklessness -- and certainly gets criminal liability for being reckless.

If you.

Will fully close your rise to the high probability that your action or your inaction could cause someone to get hurt or someone to die.

That is that.

-- -- there's no couple lately he could have done something and yeah under the not -- there's no duty to get you there helping out.

A lot like -- -- -- the -- if you put so much more than he thought the facilities read the fine print if there's that do not do not resuscitate which apparently we don't even know she does she has won or not number one our children we're told.

That there was knots.

I do not resuscitate orders that she had not said to the facility don't resuscitate and that would be the easy way to deal with this -- you just simply say listen.

Do you wanna DNR or not right you don't wanna DNA or woman did not have a one on file and yet and yet Mercedes were told that the woman that the -- victim's daughter told.

One station that says she's satisfied with how they handled the situation.

Because she probably read that contract to say that she's not going to have that type of help with the help but needed I mean that's the type of talent -- to loved -- have to have these facilities.

If they need if she needed help.

-- different facility.

Put it in the contract when the losses you don't have to rescue someone and lots -- if you do it seems somewhat and -- -- negligently then you're going to be -- that's -- these facilities -- I'm not gonna do anything that my hands are -- I don't have the responsibility in more -- none of this would have done.

Their hands are excited to get their hands are tied they could -- done it.

And if the woman's relatives wanted to -- they could've sued but their hands were not tied I gotta go great debate thank you both will be right back.

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