Independent Living Company under Fire for no-CPR policy at senior center where woman died

By now you have probably heard about the employee’s failure to perform CPR on a resident because it was against the company’s policy. Shocking to say the least. We know that families place their elderly loved ones in nursing homes each year. When doing so, they expect that their loved ones will be properly taken care of and looked after. Unfortunately, many nursing homes are understaffed, overworked, and improperly trained. This can and unfortunately often leads to nursing home abuse and neglect for many patients. If you feel that someone you love has been injured or died as a result of nursing home abuse or neglect, then you should talk to a Tennessee nursing home neglect lawyer as soon as possible.

According to this case, a nurse at Glenwood Gardens which is operated by Brentwood-based Brookdale Senior Living Inc, refused to give CPR to Lorraine Bayless following her collapse last Tuesday in the dining room. She was barely breathing. The woman called 911, stating that it was against the facility’s policy for the staff to perform CPR.

Tracey Halvorson, the dispatcher who received the call, stated that, “I understand if your boss is telling you, you can’t do it,” but … as a human being … you know, is there anybody that’s willing to help this lady and not let her die?” The woman replied “Not at this time.” Bayless was declared dead at Mercy Southwest Hospital later Tuesday.

State officials said they did not know whether the woman who talked to the 911 dispatcher was actually a nurse, or if she just identified herself as one during the call. Russ Heimerich, spokesman for the Board of Registered Nursing, the agency that licenses health care providers, stated that, the consensus is if they are a nurse and if they are at work as a nurse, then they should be offering the appropriate medical care.”

According to the case, Bayless did not have a “do not resuscitate” order on file. Jeffrey Toomer, the executive director of Glenwood Gardens, stated that, the woman did indeed follow policy. He also stated that, “In the event of a health emergency at this independent living community our practice is to immediately call emergency medical personnel for assistance and to wait with the individual needing attention until such personnel arrives. That is the protocol we followed.” Toomer stated that a “thorough internal review” of the incident would be conducted. Police are also conducting an investigation. Toomer also stated that, “residents of the home’s independent living community are informed of the “no-CPR” policy and agree to it when they move in.”

Cases similar to this one occur all too often to people all over the United States and even to Tennessee residents. If you feel that someone you love or care about has been improper cared for or neglected while in a nursing home, we recommend that you contact one of our caring and knowledgeable Tennessee nursing home abuse and neglect attorneys right away. We care about our clients and will work with you to make sure you get the compensation you deserve for what you have suffered.

Contact us online or call us at 800.705.2121 to set up a FREE consultation to discuss your legal options.

Author Bio

Jim Higgins, founder of the Higgins Firm, is a seasoned personal injury attorney with deep roots in Nashville, Tennessee. A 4th generation Nashvillian, Jim carries on the legal legacy of his father, a judge for over 30 years. After graduating from the University of Memphis School of Law, Jim’s career began on the other side of the courtroom, defending insurance companies and learning their tactics for minimizing settlements. However, he soon realized his true calling was fighting for the rights of the injured, and for the past several years, he has exclusively represented plaintiffs in personal injury cases.

Since then, his dedication and skill have earned him membership in the prestigious Million Dollar Advocates Forum, an organization limited to attorneys who have secured million and multi-million dollar verdicts and settlements for their clients. Licensed to practice in Tennessee, Kentucky, and Georgia, Jim focuses on personal injury, product liability, medical malpractice, and workers’ compensation cases. His exceptional work has been recognized by his peers, earning him a spot on the Super Lawyers list from 2021 to 2024, a distinction awarded to only a select group of accomplished attorneys in each state.

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