Health, maybe I am wrong, but I believe that stating no one else was around, won’t hold, because in such a facility, many people are usually around (including the seniors themselves), and also because she did not reply the dispatcher that “no one else is around” but rather kept mentioning the policy (imagine this recording played over and over to a jury, and also consider the fact that her voice sounds cold).
Resuscitation amounts to assault if a DNR exists: EMT personnel would have taken her vital signs and waited a bit. Even if there is no DNR but it’s a senior person and we start resuscitation after 7+min, it can be argued that CPR should not be attempted at all or should only be attempted for a short period; instead they kept working on her until she could be transported to hospital, somehow alive. Again, if a DNR existed, those who pull such a trick don’t get away with it, not anywhere but most certainly not in California. So the nurse has now to deny she was aware a DNR existed, even if one is now produced (would not be surprised). Glad I am not in her shoes.
2cents there are situations in which medical professionals have not offered “futile” resuscitation without living wills of any sort and I know some of those cases went to litigation and the medical professionals won. If the prospects are bleak, and if nowhere did the patient express they want to try everything until the very end, one can defend their actions in court. But if resuscitation is appropriate at +7 it surely was appropriate at +3 and earlier. Everyone knows that (especially given that the dispatcher is saying so right now) and someone with training knows that even better.
ubiquitin I am not sure if #2 is correct within California legal framework. I believe it isn’t. The facility may not offer CPR trained personnel on site, nor does the dry cleaner, but still if we R”L get sick at the dry cleaner, and they call 911, they are expected to follow instructions, even though they are unqualified.