Code Status Error - An Ethical Dilemma

One shift can forever change your life, your career, and your outlook on life. All these events transpired many years ago in a small community hospital in which I had just been hired for a part-time "PRN" staff nurse position. But they are as fresh in my mind as if they had occurred yesterday...

I was a relatively new and inexperienced nurse and was orienting to the hospital on a chaotic medical-surgical unit. The orientation began by following the nursing assistant(s) for a shift and participating in basic patient care tasks. This was to promote better team playing among the members of the nursing care staff and empathy for the nursing assistant role. As I was functioning in the role of a nursing assistant and did not have much experience with this particular floor (it was my first day at this new job), I was a bit vulnerable. The nursing assistants were not given much of a patient report. I did not have time to look over the patients' charts or Kardexes, but just hurried from room to room as I followed the nursing assistant to help her with the many patient care tasks on this busy medical-surgical floor.

One of our patient assignments was an elderly gentleman with dementia who was also a double-amputee. As we were turning him to the side, to give him his bed bath and to clean up bowel incontinence, he suddenly began gasping and his breathing became erratic. It was obvious that he was going into respiratory arrest. We repositioned him with his head up high in the bed, tried to stimulate him to get him to breathe, placed oxygen on him, and called for help.

When the charge nurse arrived shortly afterward, she made these caustic remarks: "Don't revive him. Take the oxygen off. Let him go. He's a DNR (do-not-resuscitate). If you were him, would you want to live?" Since I believed the charge nurse had accurate knowledge of all the patients' code status on the floor, I obeyed her orders without question. I was not the patient's primary nurse and did not have accurate knowledge of his code status. He could have easily been resuscitated at that point with an Ambu bag, oxygen, and some furosemide IV. But tragically, he progressed from respiratory arrest to full cardiac arrest and then died as we looked on helplessly.

The whole situation was very surreal, like a bad dream. About 15 minutes later, it was discovered that the patient was indeed a full code and should have been resuscitated! The patient's primary nurse (who afterward appeared on the scene) was very upset with the Charge Nurse for allowing her patient to die. I was a bit suspicious all along because this client was not wearing the required "DNR" armband. But many patients on this disorganized floor did not have on the proper code status bracelets.

After the shift was finished, I went home in a state of shock. I immediately telephoned the nurse manager for this floor (who had been off that day) and also the Director of Nursing (DON) to inform them what had transpired. I also dutifully wrote up everything that had occurred in a facility incident report. I point blank asked the DON if I should report this "failure-to-rescue" error and patient death to the state Board of Nursing (BON). She emphatically said, "No - we will take care of it." I also e-mailed one of the staff at the BON and asked her in the e-mail about a detailed "hypothetical" patient-care situation and if this should be reported directly to them. The BON official replied that following the "Chain of Command" in my "hypothetical occurrence" at the hospital was sufficient for them, but I could always directly report the occurrence to the Board if so desired. So I did not report the incident to the Board.

It turned out that the incident was "swept under the rug." I was devastated. The Charge Nurse was severely counseled but not fired. She retained her license and continued to practice on the floor. Nothing was ever reported to the Board. The patient's family was not informed of the true circumstances surrounding their loved one's death. I found out that this incident had been "kept quiet" to avoid bad publicity in the community. No doubt they also wanted to avert a huge lawsuit and big money payout by the hospital.

It was about eight months later that I became fully aware of the facility's inaction. I decided at this point to let it go. I knew "whistleblowers" in nursing often suffer severe repercussions and the case was now very "cold." I knew if I reported this incident to the Board, I would not be supported in my allegations and the charges would probably be turned on me. In fact, I possibly could lose my license as a result! Since my state is an "at will" employment state, I probably would be fired, then branded as a troublemaker and would not be able to find employment anywhere in the area. So I chose to remain silent. I still feel twinges of guilt that I had taken the "coward's way" out. But this seemed like the most pragmatic and reasonable thing to do at the time.

Of course, hindsight is always 20-20 and this happened a long time ago. I have experienced much personal growth since then and now possess business-world savvy as well as nursing expertise. If faced with a similar circumstance, I would demand proof of the patient's DNR status. Otherwise, I would immediately initiate the resuscitation ("Code Blue") process. I now know to directly and in a timely manner report such occurrences to the BON. Hospital administrators often choose to cover up healthcare errors and cannot be trusted to disclose these events to the proper authorities.

I would describe my decision-making process at the time as what I had been taught in nursing school - the "follow the Chain of Command" philosophy. I sought out the proper authorities at the hospital. I followed their advice and filled out the facility incident report. I trusted them to do the ethical and right thing. It turned out that they did not do so. I was not expecting this.

Thank you for sharing this experience with us. I have found that sometimes in life, the experiences that grow us the most tend to be the ones that we would like to forget but cannot. In this situation it is undoubtedly clear to most of us that you were manipulated and maybe even bullyed into following the course of action that you followed. The positive outcome of all this is that you can and are sharing your experience in a way that teaches us all something about how to make our practice better. If it is emotional redemption that you seek I can not imagine a more earnest or sincere way for you to gain it than the way you are doing so now ;).

I bet you won't make that mistake again. We were never told to always visualise the code status. If your charge nurse, who gets report on the whole floor at the start of her shift, should know who is what and if not question it

I am pretty much in line with "JessicRN's" thoughts on this one.

It does kinda sound to me like you had a little control thingy going on in that... you did this and that... still, no consequences to this nurse suited you. I guess my question is: IF the BON did get ahold of this but all they did was slap a 25.00 fine on it, would you be satisfied with that? Not beating on you just kinda thinking you might wanna take a look at yourself on this one.

Bottom line is.... you do your part and the consequences are up to a higher power...whoever, that higher power is. I do chart very accurately like JessicRN stated as I don't get into any coverups. I then do routing as advised. If they sit on it, then THEY sat on it, not you.

You may consider this "justification." However, I have simply learned where my part ends and another begins.

Good story on your dilema. thanks.

M

Jesica has alot of good points. It is difficult to make a accurate appraisal unless hearing what they have to say for themselves, to be quite honest. Hindsight is always 20/20. If they are devastated, good, they should be.

Specializes in Education and oncology.

Can't agree with VickyRN enough. Worked with kids for 20 years and they nearly always have a "papa bear" or a "moma bear" to advocate for them. "Why are you sticking, poking, disturbing etc my child?" Switched to the adult world, and it's "yes doctor." "no doctor." No one getting in the doc or nurse's face demanding to know what's going on.

I firmly believe it's in our (nursing, etc) hands to get the word out. "Codes" were not intended for the 93 year old with mets to the brain. They are gonna die if you code or if you don't... :banghead:

As a nursing student I just want to thank you for sharing this. I learn so much from all the nurses at allnurses.com.. I take several lessons with me from this for my first days on the floor (when I finaly graduate ~will it ever happen?) Thank you.

I want to thank everyone for their replies and words of encouragement.

I think the worst part about all of this was the Charge Nurse's words - If you were him, would you want to live? These were the last words this dear gentleman heard as his soul was departing this earth. Just a few minutes before, we had been joking with the patient - now he was dying, surrounded by strangers.

Failure to rescue - or failure to resuscitate someone who is a full code - is a serious offense with my state's BON. The tragic thing is that the patient could have easily been resuscitated at the point the Charge Nurse arrived on the scene. His pulse was still very strong and regular, and positive pressure ventilation with an ambu bag and oxygen, along with IV lasix (for flash pulmonary edema), should have been sufficient. Had she been reported, the Charge Nurse would have certainly lost her license.

Who's to make the judgment as to the quality of a person's life? Sure he was elderly, sure he had mild dementia and some major functional limitations due to his amputations, but who are we to say that his life is not worth living?

In that instance, the Charge Nurse became his judge, jury, and executioner. So sad that this happened under the watch of healthcare workers - his life had been entrusted to us.

This was my first encounter with this Charge Nurse - not a very good first impression. Later encounters just reinforced this very negative first impression. She was a very unpleasant person, so burnt out in nursing that she was crispy on the edges. Years later, when I had groups of students on this unit (as a nursing instructor), she was very nasty to the students. In fact, there was a battery incident involving this nurse, in which she slapped a student on the hand (not my clinical group, thank goodness).

I found out later that this particular facility has a "good ole' gal" system in place, in which some of the older, more favored nurses can get away with murder (literally), and others are written up and thrown to the wolves for the most minor offenses.

Anyway, enough of my thoughts on this matter. Time to leave it all in the past. Thank you for your comments. Writing about this has been painful, but it has also helped me reach some form of closure.

Specializes in Paediatrics.

Hi Simkah. I fully understand your dilemma and your horror at the hospitals senior managers failure to act appropriately. In my first nursing post following graduation I experienced a situation that still haunts me today, 17 years after the fact. I was working a back shift with a senior nurse in a regional paediatric hospital when I saw a child whom I suspected was much more ill than reported. I informed the senior nurse about my suspicions and she informed the surgical registrar. I gave him a detailed explanation of my reasoning but his attitude was to ignore me because I was a "new nurse". I may have been a new nurse but at 30 years old I was an experienced parent myself, whereas he was not. I reported to the senior nurse his attitude to my suspicions but she told me just to write it up and pass it on to the night shift. This I did. I recorded in full my reasons for my suspicions and detailed what happened with the registrar. I then went on my two days off. When i came back to work I discovered that the child had lapsed into a coma overnight and had subsequently died. I also discovered that no action was taken against the surgical registrar and that there had been no mention of the report that I had placed in the childs file. I was told to leave it alone by the head of surgical nursing as it would be dealt with higher up. The only person that was dealt with was me and six months later I resigned my post and moved to another hospital. That childs family are still unaware of the true circumstances of his death. I will live with the guilt of not speaking out for ever.

I'm going through my preceptorship right now and have an example of a few issues, but one in particular I'd like to share. My preceptor sometimes asked, while completing paperwork, what were my plans after school or do I find any interests of being employed at that long-term care facility. I thought of replying, why would I come here after they (the administrators) did this, that, and the other to you and others who work here. But didn't, I just left it at maybe as PRN. The incident of relevancy is, as I am doing my med pass I come across the abbrev. ASA in the MAR, not quite sure what medication that stood for,so I reference the drug guide, and found nothing. I looked through the patients prescribed meds. and nothing with theses initials was present, then I looked through the stock drawer and narrowed my search down to aspirin. But that could not be it, because this pt. is allergic to apirin. Then finally when my preceptor returned, the ASA was questioned and sure enough at that facility it stood for aspirin. I think from there a light went on, and explained why that specific pt. had been sent out to the hospital so often. Amongst the educated professionals it was little me and I felt it was in some way my fault. But not really, I'm thorough by nature and will ask questions untill I'm blue in face. Each experience I encounter keeps me on the road to becoming one of many exceptional nurses.

Thanks for your story it hit home!

On 1/28/2009 at 1:36 PM, VickyRN said:

I might add - never leave your family member in the hospital alone!

Good luck trying to be there with your loved one while also raising a family and holding down a full-time job and maybe going to school.

those with huge families can be there by rotating shifts. Those with little or no family are out of luck.