Failure to Perform CPR in an Albuquerque Nursing Home

What Types of Emergency Response Services Should Your Loved One Expect in a Nursing Home?

Nursing homes owe a duty of care to residents, meaning they must make every reasonable effort to ensure their well-being. That includes protecting their health and safety in emergency scenarios. 

When your loved one experiences cardiac arrest, their nursing home’s staff must attempt to provide basic life support, including CPR, until emergency services arrive. Staff certified in CPR must be available at all times. Only certifications that include hands-on practice are acceptable: Online-only certification is insufficient.

The only situation in which nursing home employees should not administer CPR is when a resident’s advance directives include a “Do Not Resuscitate” order. If there is no such advance directive, there is a presumption that CPR should be administered. No nursing home can institute a blanket “no CPR unless it is specifically requested in an advance directive” rule. 

If the Nursing Home Failed to Administer CPR, Is That Abuse or Neglect?

Failure to administer CPR in a nursing home when a resident is in cardiac arrest will often constitute neglect if there is no “Do Not Resuscitate” advance directive. CPR may not happen because a CPR-certified employee is not available, an employee is unsure whether they should administer CPR, or an employee incorrectly assumes the resident is already deceased. In some tragic cases, an employee may refuse to administer CPR if they believe they are not allowed to per their employer’s (almost certainly unlawful) policy. A resident’s pleas for help could also go ignored shortly before they enter cardiac arrest if a facility is critically understaffed or if an employee assigned to them is neglecting them.

Your loved one’s nursing home may tell you nothing could have been done. Never assume they are speaking truthfully, as these facilities will frequently look to protect themselves after a failure-to-perform-CPR incident. If you suspect neglect, contact the Harvey & Foote Law Firm. Our lawyers can help you investigate what happened and advise whether you have a case. 

What Damages Can I Recover in a New Mexico Nursing Home Abuse Lawsuit?

You may be able to file a lawsuit against and seek damages from a neglectful nursing home if they failed to adequately train their employees or ensure a CPR-certified employee was always available. You may also have a claim if the nursing home implemented a no-CPR policy or if there is evidence that they overworked employees to the point where mistakes were inevitable. 

No amount of money can replace the untimely loss of a loved one, but taking legal action empowers you to hold responsible parties accountable. The compensation your family receives can help relieve the financial burdens that inevitably come with these types of tragedies. You will typically be able to secure compensation for both economic and non-economic losses. 

If your loved one suffered a wrongful death due to a failure to perform CPR in a nursing home, our attorneys will aggressively fight to get you full and fair compensation for all damages, including:

• Funeral and burial expenses
• Final medical expenses
• Emotional distress
• Loss of companionship
• Pain and suffering endured by the deceased 

We will always work to achieve the optimal outcome your family deserves. Contact us online or call (505) 295-2245 to start exploring your legal options.