Dramatic 911 tape reveals dispatcher’s fight to save patient; nurse refuses to help; Link here to hear the tape

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Updated: 3/03 9:39 am
BAKERSFIELD, CA - The administrator of Bakersfield's Glenwood Gardens confirmed Friday the retirement facility has a policy: Employees do not attempt cardiopulmonary resuscitation on residents of Glenwood's independent living facility. That's why a nurse refused the pleas of a Bakersfield Fire Department dispatcher to begin CPR on a Glenwood resident who collapsed Tuesday morning.

The 87-year-old woman died. Reports identify her at Lorraine Bayless and confirm she did not have a do-not-resuscitate order. Her daughter told 17News she is satisfied with Glenwood's handling of the situation.

Bayless was a resident at Glenwood Gardens' independent living facility, an area adjacent to, but separate from, Glenwood's skilled nursing facility and assisted living facility.

She collapsed in the facility's dining room at about 11:07 a.m. Tuesday.

Someone called 9-1-1, and Bakersfield Fire Dispatcher Tracey Halvorson got the call. Glenwood Gardens personnel handed the phone to a nurse who identified herself as Colleen.

During a 7-minute, 16-second call, Halvorson reasoned, cajoled and at times begged the nurse to start CPR in an attempt to save the woman.

The nurse said Glenwood Gardens policy prohibited her attempting CPR. The dispatcher assured the nurse Glenwood couldn't be sued if anything went wrong with CPR. The lcoal emegency medical system "Takes the liability for this call," the dispatcher said. 

"I understand if your boss is telling you you can't do it," the dispatcher said. "But ... as a human being ... you know … is there anybody that's willing to help this lady and not let her die?"

"Not at this time," the nurse answered.

Later: "Is there a gardener? Any staff … anyone who doesn't work for you? Anywhere? Can we flag someone down in the street and get them to help this lady? Can we flag a stranger down? I bet a stranger would help her."

But no one did, until the fire department arrived. Bayless died at Mercy Southwest Hospital.

Jeffrey Toomer, executive director at Glenwood, told Channel 17's Kelsey Thomas the actions were consistent with company policy: Staff does not attempt CPR in the independent living facility.

Unlike the skilled nursing facility and assisted living facility, the independent section does not offer medical help, he said, and its clients know that.

He refused to speak specifically about Tuesday's incident, declining to explain why there apparently was a nurse present when Bayless collapsed.

He refused to provide a copy of Glenwood's policy.

He did provide a written statement. It said:

"First and foremost, we extend our deepest sympathies and condolences to this individual's family on the passing of their loved one.

"We also appreciate the assistance of emergency personnel who arrived immediately to assist in rendering first aid.

"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.

"As with any incident involving a resident, we will conduct a thorough internal review of this matter, but we have no further comments at this time."

An audio file containing the complete 911 call is attached.

Here is a transcript of the last three minutes of that call.

Dispatcher: We need to get CPR started

Nurse: Yeah, we can't do CPR

Dispatcher: Then hand the phone to the passerby. If you can't do it, I need, hand the phone to the passerby, I'll have her do it. Or if you've got any civic citizens there, I'll have them do it.

Nurse: No, no, it's not …

Dispatcher: Anybody there can do CPR. Give them the phone, please. I understand if your facility is not willing to do that. Give the phone to that passerby, that stranger … this woman is not breathing enough. She's going to die if we don't get this started. Do you understand?

Nurse: I understand. I am a nurse. But I cannot have our other senior citizens who don't know CPR do it…

Dispatcher: I will instruct them.

Nurse: we're in a dining room …

Dispatcher: I will instruct them. Is there anyone there who will …

Nurse: I can't do that …

Dispatcher: Okay. I don't understand why you're not willing to help this patient

Nurse: I am but, I'm just saying that …

Dispatcher: Okay, I'll walk you through it all. We, EMS takes the liability for this, Colleen. I'm happy to help you. This is EMS protocol.


At this point, the nurse asks someone else to get a supervisor. She is heard telling someone else at Glenwood Gardens, "Can you get (unintelligible) … right away. I don't know where he is. But she's yelling at me and saying we have to have one of our other residents perform CPR. I'm feeling stressed and I'm not going to do that, make that call."

Dispatcher: Colleen, is there anybody who works there who is willing do to it?

Nurse: We can't do that. That's what I'm trying to say.

Dispatcher: Are we just going to let this lady die?

Nurse: That's why we're calling 9-1-1.

Dispatcher: We can't wait. She can't wait right now. She is stopping breathing. She can't wait for them to get there.

Nurse: She's taken three breaths.

Dispatcher: It's not enough. We need to get CPR started.

Nurse: He's saying we don't. So you can talk to my boss. I don't know what to say.

Dispatcher, to another dispatcher: They're refusing CPR. They're going let her die. By the facility. Yeah.

Nurse: When will the fire department be here? When will the ambulance be here?

Dispatcher: They're coming as quick … they've been on the way all this time. But we can't wait. This lady is going to die.

Nurse: Yeah.

Dispatcher: Well, if you get anybody, any stranger that happens to walk by, who is willing to help … I understand if your boss is telling you you can't do it. But if there's any … it's a human being. I don't, you know … is there anybody that's willing to help this lady and not let her die?

Nurse: Not at this time.

Dispatcher, to another dispatcher: No. They won't touch her at all. I can't get them to touch her at all.

Nurse: We have residents that are her age or older.

Dispatcher: Any guests? Any guests that are there that are willing to help?

Nurse: No, I don't have any.

Dispatcher: Is there a gardener? Any staff … anyone who doesn't work for you anywhere? Can we flag someone down in the street and get them to help this lady. Can we flag a stranger down? I bet a stranger would help her. I'm pretty good at talking them into it. If you can flag a stranger down, I will help, I will tell them how to help her.

Nurse: He said not to move her.

Dispatcher: Okay. Has anyone gone to look for a stranger?

At this point, the ambulance and fire crews arrive and the tape ends.

Bayless died Tuesday at Mercy Hospital Southwest. Toomer told 17 News that is the policy of Glenwood Gardens that staff does not attempt CPR. Toomer said residents are made aware of this policy when they move into the building.

Bayless did not live in a nursing facility. She lived in the independent living facility where there are no nurses on staff to provide assistance, according to Toomer. It's somewhat of an apartment complex for seniors.

There was a nurse on scene after Bayless collapsed. Toomer wouldn't explain that to 17 News. He also wouldn't give us a copy of the facility's policy.

We also spoke to Bayless' daughter. She said she is a nurse and she remains satisfied with the care her mother received at Glenwood Gardens.




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The views expressed here do not necessarily represent those of KGET TV 17 - In the Spirit of the Golden Empire

CSUBBiology - 5/15/2013 4:44 PM
0 Votes
I am glad to see the 911 tape being released.In this case, the family of this persons first amendment right were upheld. In 2007, i called the local law enforcement 5 times. The police did not respond for me. One of those calls was a 911 phone call. Not one phone calls was released to me or to my attorney's office. I do have a letter from the city attorney office saying that the evidence of those phone calls were destroyed pursuant to the city documents retention policy. Now 5 yrs later, and after close to $30,000 dollars in attorney fee's, and after writing to two US California Senators Offices ... I still do not have those phone records that were destroyed.

Mikeylorene - 3/9/2013 3:50 PM
0 Votes
This same thing happened in a 55+ apt blding in San Jose, CA. We were starting Xmas dinner and before I even got my first bite, a man choked on his first bite. I stood up to assist as I am a trained CPR person (also a tenant there). The staff coordinator blocked my way and told me to sit down. I stated I was trained. She said I don't care what you are, we will do nothing and told us to go on with our dinner. She left to go to the office to cal 911 (even though many of us had cell phones) while we were left to watch the man choke to death. She came back- by then he was silent and blue- and placed her hand on his shoulder and stood there smiling. The minutes ticked by until it was well after 8 minutes. The paramedics arrived and I said "TOO LATE!" They took him out to the lobby to resusitate and the staff coordinator locked us in the dining room in case we tried to go out there and interfere. The man died- and we had to watch him die when he could have been saved. I will NEVER forget this- I couldn't sleep for months. I felt the staff literally murdered him by refusing to let me assist.

Real Life - 3/8/2013 10:41 PM
0 Votes
I am a previous employee of Glenwood Gardens and would like to state their is no such policy and their is always a licensed nurse in the independent living unit. According to state med error reports Glenwood Gardens has committed many Med Errors who knows whether or not this lady was given a wrong medication which resulted in her collapsing. Glennwood Gardens is not a safe place to send your elder's first hand experience.

KARAY - 3/7/2013 4:13 PM
0 Votes
It clearly says in the article that the patient did NOT have a DNR! She was in an assisted living facility, and as a nurse myself I would not have been able to stand there and watch that woman die! Besides that the article also says this facility does NOT have nurses so IMO it would appear she did not even work there!!! As humans we have to know when it's time to do what's right and in this situation the right thing would have been to try and save her. If she was in this facility that means she was capable of caring mostly for herself. Just because she was 87 doesn't mean she had any less right to live then the rest of us. That is just disgraceful. Absolutely shameful. May the victim RIP!!

tleathers - 3/6/2013 10:12 PM
0 Votes
Good sam rule would not cover Colleen anyways since she was working for money! Thank you Colleen for making the right decision even though it must have been hard and scary. Being a hospice nurse I have been with many people at the end of life. They have signed dnr orders like this lady most likely had, as health care professionals you must abide by them.

tleathers - 3/6/2013 10:07 PM
0 Votes
How you know this lady did not have a DNR order signed, most likely she did living in an assisted living facility that does not perform cpr. All assisted livings I have worked in have this policy. Also how do you not know this woman did not have some terminal disease that she was living with and it was her time. As a nurse I would not have done cpr, if she was aware of the policy upon admission and she decided her code status herself. Condolences to the daughter for her loss, but don't make this families loss seen to be about money.

N H Eng - 3/6/2013 6:31 AM
0 Votes
This story has reached the International news sites due to the appalling behavior conducted by the staff at this facility. One thing is to follow "guidelines"/rules (call it whatever one wishes), but any person with a sense of logic and more then 2 brain cells functioning knows there is a difference in doing the right thing and following orders blindly. Following orders blindly doesn't take away your responsibility for doing the right things in life, nor is it an excuse. As a person you are responsible for the actions you do and don't do in your life regardless of what other people demand of you. As for the daughter, she is a despicable person if she truly has said something like this about the treatment her mother received! Greetings from England

davidjbradshaw - 3/5/2013 10:45 AM
0 Votes
I feel the nurse should be prosecuted for Depraved Indifference Homicide. Policies like this won't change until someone gets jail time. Following policy, if that policy is found to be an illegal act, does not protect you from the law.

doreen - 3/5/2013 8:19 AM
0 Votes
I usually don't comment on article's but, I had to this is horrible.I myself am a nurse and I know there are times when I would say I would'nt do CPR but never in a million years would or could I have just stood by and watched Ms.Bayless go into cardiac arrest and not do anything.It really sickens my heart to think my God what kind of world do we will in now..The dispatcher is begging for the ladies life and policy states no CPR..and her daughter is OK with that..like on Monday Night Football..COME ON MAN....This is crazy...My gut tells me she had money...Right is right and wrong is wrong...This was WRONG on so many levels....I just hope we as American people we have got to do Better....

Rosserkemp - 3/5/2013 7:34 AM
1 Vote
Is this what thw world is coming to? SICK!
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