Yes, I agree that there are situations in which CPR is not wished for (and that’s what DNR is for) and that there are situations in which it is futile and even if no DNR is available (unless the patient had requested “try resuscitation no matter what”) a medical professional is justified in withholding it.
However.
– The patient collapsed and we know the golden window is small, we should get CPR started in 3-5 min if the patient is to benefit.
– The patient is not alone, and the person who sees this (who, incidentally, is not a complete layperson) determines 911 should be called
– 911 operator dispatches a vehicle and EMTs and instructs the caller to perform CPR
– The caller refuses to do so; she admits being trained in CPR and realizing the patient might die, but says it’s against policies; the operator remarks that she would not be liable in following EMS directives; the caller refuses and also refuses to ask another employee or non employee (the operator even suggests asking another senior, I think) to get the phone and perform CPR as instructed; in the meantime the lady is in the throes of death, I imagine on the floor where she collapsed, and if she still is conscious, she can hear this telephone call
– After, if I recall correctly, 7 minutes (that’s about as quick as it gets, but still an eternity) EMS ambulance arrives
– The employee does not tell the EMS personnel to hold off and that the patient has a DNR, handing the paperwork out to them and remarking they would be criminally liable if they attempt resuscitation (thus, it can be inferred such a DNR did not exist)
– EMS start torturing hopelessly the old lady (after seven minutes!) breaking ribs and whatever else they deem necessary, then they decide she is “stable” enough for hospital transfer (it must have taken pretty invasive measures to stabilize her enough)
– The EMS discharge the old lady to the care of a local hospital, where, shortly after admission, she is pronounced dead.
I would not want to be in front of court (secular court) and have to explain my position. Even a jury which is sympathetic towards the attitude “when my time comes, I wish to go gently” will not help: what is the justification for the medically desperate steps of attempting resuscitation, with extremely bleak chances, after 7min? Also, there are plenty of people who are disgustingly hypocrites and won’t pass up the chance to appear as “defenders of the weak”. The employee is the weakest link and I expect she will regret her actions. Again while I think what she did was utterly despicable, I protest painting such people as monsters. If anything, she was naive. A rasha would have faked starting CPR when noticing the dispatcher was getting all worked up. An ordinary person would have started CPR and when called in the office, would have told the manager to listen to the recording and imagine it with a different ending – going viral – 99.99% of EMT dispatcher are “understanding”, I handled this incident as well as I could – the manager would have agreed. Someone outside the ordinary might have looked for another job outside of geriatry. I do not consider her remotely a tzadeket, but she is no monster and no murderer, she is someone who found herself in a difficult situation, handled it badly, got the spotlights and might get burned well beyond her responsibility.