An Illinois licensed practical nurse (LPN) was convicted and sentenced for failing to administer lifesaving measures to a resident in a nursing home in 2017. The woman, 45, pleaded guilty to an amended charge of Reckless Conduct (Class A Misdemeanor). The original charges of Criminal Neglect of a Long-Term Care Facility Resident Resulting in Death, and Criminal Neglect of a Long-Term Care Facility Resident Resulting in Injury were vacated as terms of the LPN’s guilty plea.
On August 1, 2017, the administrator of an Illinois nursing home notified state police regarding an allegation that an LPN had neglected to provide proper care to a resident, which led to the death of the resident. After an investigation by the Illinois State Police Medicaid Fraud Control Bureau, it was discovered that the LPN had been alerted by other employees of the facility that a resident was unresponsive. The LPN did not go to the resident’s room to assess the resident’s deteriorating medical condition, and failed to administer Cardiopulmonary Resuscitation (CPR), which ultimately contributed to the resident’s death.
The LPN was sentenced to one year of probation and was ordered to pay $1,039 for fines and fees. Additionally, the LPN’s nursing license was suspended for an unspecified period of time.
Compliance Perspective
Issue
CPR-certified staff—with current, valid certification—must be available at all times in a nursing facility. Should a resident require CPR, the staff must provide basic life support in accordance with the resident’s advance directives, if any. If advance directives are absent, then CPR should be initiated as required. Failure to provide CPR can be seen as neglect, which can result in criminal charges and suspension or the termination of professional licenses.
Discussion Points
- Review your policies and procedures on CPR. Update as needed.
- Train all licensed staff on your policies on CPR including the importance of keeping their CPR certification up to date. Document that these trainings occurred, and file the signed documents in each employee’s education file.
- Periodically audit by conducting mock codes for the initiation and performance of CPR, ensuring that licensed staff are knowledgeable.
*This news alert has been prepared by Med-Net Concepts, LLC for informational purposes only and is not intended to provide legal advice.*
