What if a Nursing Home Doesn’t Resuscitate a Patient?

 Posted on September 28, 2026 in Neglect

Many nursing home residents have serious health needs, so staff must be ready to respond to medical emergencies. If a resident dies after staff do not attempt CPR, the family may understandably have questions about whether the resident's wishes and emergency plan were followed. If your loved one did not receive adequate treatment that could have saved his or her life, reach out to a Madison County, IL nursing home neglect lawyer today.

At Schwartz Injury Law, we have secured successful results in many cases of nursing home neglect, including one notable $2.4 million case result involving the death of an elderly woman in a care facility. We give all cases a thorough review, and we can investigate a failure to resuscitate to see if the facility can be held liable.

When Is Resuscitation Needed in a Nursing Home?

CPR may be needed when a resident becomes unresponsive and is not breathing normally, unless there is a valid order not to attempt resuscitation. Brain damage can begin within minutes when the brain does not get oxygen. 

Cardiopulmonary resuscitation, or CPR, is the most common response. Staff press on the chest to keep blood moving. They might also give rescue breaths. An automated external defibrillator (AED) can check the heart rhythm and give a shock if needed. At the same time, someone should call 911 so paramedics can take over.

A resident can go into cardiac arrest for many reasons, including heart problems, choking, severe illness, or certain medication problems. Nursing homes care for older adults with serious health problems. Staff should be trained and ready at all times. Staff should be trained to respond to emergencies and follow the facility's emergency procedures.

Does a Failure to Resuscitate Always Point to Liability in a Care Facility?

A failure to resuscitate does not always point to liability in a care facility. Some residents choose not to receive CPR. A resident or their legal representative might choose not to receive CPR. In Illinois, that choice can be recorded on a POLST form. In Illinois, this choice is often recorded on a POLST form. When a valid DNR order is in place, staff must honor it. Following that order is not neglect.

A nursing home could be responsible if staff fail to respond properly when CPR is needed and there is no valid order saying not to resuscitate. It can also arise when staff act too late or perform CPR the wrong way. Common problems include:

• Staff members who were never trained in CPR
• Failure to use available emergency equipment or follow emergency procedures
• Delays in calling 911
• Confusion over whether a resident had a DNR order
• Too few workers on duty to notice the emergency

Under the Illinois Nursing Home Care Act, a nursing home can be held responsible when a staff member's negligence harms a resident. In other words, the facility can be held accountable for mistakes its staff make during an emergency.

What Proof Do You Need for a Failure to Resuscitate Claim in a Nursing Home in 2026?

To bring a failure to resuscitate claim, a family generally needs evidence that the nursing home failed to provide proper care and that this failure caused harm. Medical records are often the first real concrete pieces of evidence in a claim such as this. They can show the resident's health, code status, and any orders about CPR. Nursing notes and incident reports may show when staff found the resident and what steps they took. Time stamps can reveal gaps between the emergency and the first response.

Other records can support a claim of negligence. Staffing schedules may show that the facility was short on workers. Training files can show whether staff held current CPR certification. Maintenance logs can reveal whether anyone checked the AED. Records from the 911 call and the ambulance crew can confirm how long help took to arrive.

Can You Be Paid for Your Losses if a Nursing Home Resident Dies After a Failure to Resuscitate?

You can be paid for your losses if a nursing home resident dies after a failure to resuscitate and the facility was at fault. Illinois law allows families to file a wrongful death claim. The personal representative of the resident's estate usually brings this claim forward on behalf of the family.

A wrongful death claim can seek compensation for losses suffered by surviving family members, such as loss of companionship, grief, sorrow, and mental suffering. Other related claims may address medical, funeral, or burial expenses.

A separate survival claim may also cover pain and suffering the resident experienced before death. Our nursing home neglect attorneys can go over your options with you and explain the possible sources of compensation.

What if a Nursing Home Won’t Take Responsibility for Not Resuscitating a Resident?

A nursing home that will not take responsibility for not resuscitating a resident may raise several defenses. The facility may claim the resident had a DNR order. It may argue that CPR wouldn’t have made a difference in the outcome. It may also insist that staff did everything right.

These arguments do not always mean the claim is over. Records can show whether a DNR order truly existed and whether it was valid. Experts can explain whether prompt CPR would likely have changed the outcome. Staff testimony and time logs can challenge the facility's version of events. 

The facility's insurer may offer a low settlement or deny the claim outright. If negotiations fail, our firm can file a lawsuit on your behalf. A court case allows both sides to exchange evidence, and a judge or jury can decide who is at fault.

Contact Our Madison County, IL Nursing Home Neglect Lawyers

Losing a loved one after a medical emergency can leave a family with painful questions. At Schwartz Injury Law, we can investigate what happened and determine whether the nursing home failed to provide proper care. Contact our Will County, IL nursing home wrongful death attorneys or call 312-535-4625 to schedule a free initial consultation. When you reach out to us, you can take comfort in knowing that you will speak with a real attorney, not an intake service.