Lawsuit Claims Nursing Home Followed “Voided” DNR Order

Repeated systemic failures to ensure that “Do Not Resuscitate” (DNR) directives are valid and have not been voided may result in providing substandard quality of care and submission of a false claim.

Compliance Perspective – DNR

Policies/Procedures: The Compliance and Ethics Officer with the Administrator will review policies and procedures regarding voided “Do Not Resuscitate” directives to ensure the content is current.

Training: The Compliance and Ethics Officer with the Administrator will ensure that staff are trained to recognize when “Do Not Resuscitate” directives have been voided or rescinded.

Audit: The Compliance and Ethics Officer with the Administrator will conduct an audit of residents’ advance directive documents and their care plans, to ensure that the care plans properly reflect the CPR/DNR status of each resident and identify any “Do Not Resuscitate” directives that have been voided or rescinded.

A 67-year-old resident with stage four colon cancer died, and her husband filed a $10 million lawsuit against the nursing home for following what he claims was a voided, “Do Not Resuscitate” (DNR) order. The resident was admitted to the facility after becoming ill from the radiation treatment she was undergoing for her colon cancer. She signed a DNR order. Instead of getting stronger, the resident’s condition deteriorated.

The husband alleges that the facility gave her oxygen, and she became comatose. He said that he begged the facility to send her to the hospital, but the facility refused, citing the DNR directive. He also alleges that they refused to insert a feeding tube or try to revive her.

A spokesperson for the facility indicated that they were unaware of the complaint.