The Importance of Medical Directives In Light of the Glenwood Gardens Incident

As I have previously discussed, Lorraine Bayless died after she collapsed at the Glenwood Gardens Retirement Home and the facility refused to perform CPR on her. According to the Trust Advisor, “she died before the ambulance could arrive.” Some experts believe that not only was this event shocking but also that the facility should consider itself lucky that it is not the subject of a lawsuit from the family of Ms. Bayless.

If anything, this incident has provided a much needed wake-up call for those who have family members in these facilities. A person who has a family member in one of these facilities might want to take the time to learn about the policy that their loved one’s home has adopted. Do not think that the recent Glenwood Gardens incident is the only one of its kind. In fact, Glenwood Gardens had to pay a $100,000 fine because it refused to help another resident with Alzheimer’s disease when he started choking on a ketchup packet. The resident died 12 hours later. At the time, the facility had a clear duty to help the man and chose not to intervene.

Bayless’ family says that their mom knew of the policy at Glenwood Gardens and that she is at peace. Whether their mom truly understood the limitations at the facility is unclear, especially with the change in Florida law. Most think that a DNR only applies to people in with a terminal illness or those in a vegetative state. In Florida, this is no longer the case. Therefore, family members might want to consider discussing all of the medical directives with their elderly family member before that person goes into a home.

See Scott Martin, Glenwood Gardens Death Opens Up Estate Planning Nightmare, The Trust Advisor, Mar. 10, 2013.