Dr. Fogg & Sir Daniel presents..

California’s Do-Not-Assist Living Communities

In Daniels articles on March 21, 2013 at 12:08 am


A couple facts about cardiac arrest..  #1- It only takes from four to six minutes from the time your heart stops till brain death occurs.. #2- The national average response time for an emergency call is over 10 minutes..   These two facts alone make me wonder why an “independent living facility” in Bakersfield California has on it’s books “In the event of a health emergency at this independent living community, our practice is to immediately call emergency personnel for assistance and to wait with the individual needing attention until such personnel arrives”  Why even make the call?  Friends of 87-year-old Lorraine Bayless

Glenwood3have to be asking themselves this very question after she died on Feb. 26th.   They could have asked Lorraine herself had a nurse, working for Glenwood Gardens,  listened to the emergency operator (Tracey Halvorson)  who begged her to start CPR on Lorraine.. this is a part of what was said on  on that emergency call..

Dispatcher: “We must start CPR”

Nurse:  “Yeah, we can’t do CPR at this facility.”

Dispatcher: “OK, then hand the phone to the passerby. If you can’t do it, I need, hand it to the passerby, I’ll have her do it. Or if you’ve got any citizens there, I’ll have them do it.”

“No, no, it’s not,” the nurse says.

Dispatcher: “Anybody there can do CPR. Give them the phone, please. … This woman’s not breathing enough. She’s going to die if we don’t get this started.”


Dispatcher””I don’t understand why you’re not willing to help this patient. Is there anybody that works there that’s willing to do it?”

“We can’t do that,” the nurse says. “That’s what I’m trying to say.”

Dispatcher: “Are we just going to let this lady die?”

“Well, that’s why we’re calling 911,” the nurse replies.

Dispatcher:  “We can’t wait. She can’t wait right now. She is stopping breathing. Is there anybody there that’s willing to help this lady and not let her die?”

Nurse: ‘Um, not at this time.”


Even reading this conversation really irks me, what harm would it have done the nurse to give CPR?  would she have been fired for saving the life of a resident?   I really feel bad for the Dispatcher who did everything she could, everything she was trained to do, to save the life but she wasn’t able to get past the “it’s our policy to call and let the emergency workers do what we ourselves refuse to do..”

And the family?  They seem to be okay with the actions of this nurse.. They have gone on record as saying “Mom had full knowledge of the limitations of the home and is at peace”.   Yet their Mom was not on file with a “do not resuscitate” order..  it would seem to me that the children are assuming their Mother was okay with no one attempting to keep her alive..  yet she wasn’t in a hospital or nursing home, so it would seem to me that Lorraine might not have been done living yet..

Perhaps the issue, the one no one is talking about, is the fact that the California’s Good Samaritan Law,  does not protect as many Good Samaritans as was widely believed.   In a 4 to 3 decision, the court determined that Good Samaritan protection from civil lawsuits extends only to one who renders emergency medical care at the scene of an accident.   Lorrainne had collapsed in the dining room.  However, the dispatcher had told the nurse on the phone that the home, Glenwood Gardens, could not be sued if anything went wrong in attempts to resuscitate the resident, saying the local emergency medical system “takes the liability for this call”.

I asked my co-blogger, Dr. Fogg, about this case (as he ran an assisted living home in England for years) and his reply was “When we ran our home we certainly would never refuse any treatment to save lives however old the person may be, and did do cpr on several clients.  except there does come a time when a person is clearly dying when it is obvious their death would be a happy and expected release.  In those cases we wouldnt have dialed 911 (999) in the first place.   A policy of NO cpr is very worrying.”

I couldn’t agree more..

As a last thought, I would like quote CBS News legal analyst Jack Ford, who said ” but then the real question is, is there a legal responsibility and legal liability.  is there a legal liability. That depends upon two things: first is, what’s the agreement that this woman and her family had with this home, and…it was a residential facility, not a nursing home, assisted living. Very different if it was that. So if their agreement they say specifically, ‘We do not provide emergency medical care. We will get somebody for you,’ then that could shield them from some problems. Then other question is, what are your reasonable expectations. When they sold this as a sales pitch, did they say, ‘Look, we have wonderful workout facilities, wonderful dining facilities and we have medical people on site here.’ Well, you know then, despite what might be in the agreement there, you have a reasonable expectation.”

To bad Lorraine Bayless herself can’t weigh in on this issue..  I wonder what her last thoughts were peaceful as her family claims or if they were, as mine would have been, scared to death that no one was going to help me..

~ Daniel


Have I Got A Tip For You…

In Daniels articles on February 7, 2013 at 1:41 pm

TipsIn 1938, one of the acts congress added nationally was the minimum wage law to help us get past the Great Depression, although many states had such laws dating back to 1912, they applied only to women and children.   Myself personally, I have seen minimum wage double itself just in the years I’ve been part of the workforce and I seem to barely be able to stay one step ahead of it..  however, there seems to be a loophole in the minimum wage laws, one group of workers who employers are not required to pay the same as everyone else..   waitresses..

It seems that the “Federal Fair Labor Standards Act” separates people by their jobs..  and there is a class of employees they call “Tipped” that fall into the rule that says “The employer must pay a set wage, that when added to the tips the employee makes, equals or is more than minimum wage” and if it is lower, the employer is required to make up the difference.

When we go out to eat, this is the reason we are expected to tip the waitresses..  Is passing this part of the employees wage onto the customer a good idea?   If there were no tips, the employer would have to pay more in salary which in turn would have to be passed onto the customer so they could stay in business..  regardless how we look at it, the money will need to come from us and I can see why it should..  it lets the waitress know how we think about the service we receive,  did they keep up on our drinks?  were they polite and helpful or did they ignore us..

Normally, with few exceptions, I always tip around 20 percent of the bill..  I have found rude service (ignored or treated disrespectfully) and still managed to throw a couple dollars on the table..  I can not imagine not leaving something..

which brings us to Saint Louis,  January 25th 2013.   Alois Bell, 37, a preacher at Truth in the World Deliverance Ministries Church, enjoyed a large dinner with friends at the local Applebees restaurant.   When it came time to pay for her meal, she handed the waitress her debit card and was shocked when the receipt came back suggesting a 18 percent tip.   In her anger at reading this, she wrote “I give God 10%, why would do you get 18%?”.. She then crossed off the expected tip and wrote “0” as the amount.

I’m sure her waitress was angry at seeing this but what could she do?   Mrs. Bell and her friends left and the table was cleaned and the next customers were given the booth.  This could have been where the story ended except for one thing..  another waitress who worked there happened to see the receipt, took a picture of it and posted it on a social network site called Reddit.    This second waitress, Chelsea Welch, commented “”I thought the note was insulting, but it was also comical. I posted it to Reddit because I thought other users would find it entertaining..” however what happened was the receipt went viral and somehow some of Mrs Bell’s friends saw it and informed her.   She then informed Applebees who felt they had no choice but to fire Mrs Welch for posting the receipt (even although it doesn’t show the restaurant name or any debit card numbers for Mrs Bell).


On facebook, there are sites that exist today who feel sorry for Mrs. Welch and want Applebee’s to give her back her job, many people have offered to pay the tip and some people have even managed to find and harass Mrs Bell over her “lapse of her character and judgement”.

Before we judge Applebees, here is their official statement..

We appreciate the chance to explain our franchisee’s action in this unfortunate situation.

Please let us assure you that Applebee’s and every one of our franchisees values our hard working team members and the amazing job they do serving our guests. We recognize the extraordinary effort required and the tremendous contribution they make, and appreciate your recognition and support of our colleagues.

At the same time, as we know you will agree, the guests who visit Applebee’s — people like you — expect and deserve to be treated with professionalism and care in everything we do. That is a universal standard in the hospitality business. That includes respecting and protecting the privacy of every guest, which is why our franchisees who own and operate Applebee’s have strict policies to protect personal information — even guest’s names.

With that in mind, here is what happened in St. Louis:
– A guest questioned the tip automatically attached to her large party’s bill by writing: “I give God 10%. Why do you get 18?” on the check.
– A different server, who did not even wait on the group, photographed the receipt, posted the photo online and commented about the incident.
– The guest subsequently heard from friends who identified her from the posting, where her name is clearly visible, and the restaurant was notified. There was no further communication with the guest.
– The team member was asked about posting the receipt and admitted she was responsible.
– When she was hired, the team member was provided the franchisee’s employee hand book which includes their social media policy and states:
“Employees must honor the privacy rights of APPLEBEE’s and its employees by seeking permission before writing about or displaying internal APPLEBEE’S happenings that might be
considered to be a breach of privacy and confidentiality. This shall include, but not be limited to, posting of photographs, video, or audio of APPLEBEE’S employees or its customers,
suppliers, agents or competitors, without first obtaining written approval from the Vice President of Operations. The policy goes on to specify: Employees who violate this policy will be subject to disciplinary action, up to and including termination of employment.
– As a result of her admission to violating a clear company policy intended to safeguard guests, the team member is no longer employed by the franchisee.

Our franchisees are committed to acting in the best interests of guests and team members. This is a regrettable situation and we wish it had never happened. However, the disregard for an important policy left the franchisee no choice but to take the action they did.

We hope this provides you with some additional insight. Thanks for giving us the opportunity to explain the facts involved.

I believe that Mrs Bell, (a person who I would hope attempts to set an example of living as God would want us to), got “holier than thou” in her reply on the receipt..  yet she was wronged far worse by having the receipt posted than the friend of the waitress who took it upon herself to show the billions of people on the internet just how stupid some customers can be.   Chelsea, by posting that receipt that belonged to the restaurant, opened them up for a lawsuit just so she could have a few laughs?   I don’t blame Applebees for terminating her and I hope she understands why she was wrong.

There was no winners in this..  Applebee’s now, due to the public exposure of the case, is taking a lot of bad press by people feeling they fired someone for sticking up for her rights and people are swearing to boycott the restaurant.  They did nothing wrong.   This Minister, who through the actions of one dinner, is now receiving threatening phone calls and being harassed and some young girl who just lost her job has gained notoriety in it’s place.  The one person who is missing from this story happens to be the young lady that waited on the table in the first place.   She seems to be the only person who was thinking clearly that day..

The next time I sit down at a restaurant for dinner, I shall think about what happened..    I know the waitress deserves the tip and it’s just a little way I can tell her “Thank You”..   I know I’m not easy to wait on, I like things prepared without this or with extra that and when they bring me the food..  I know it’s because the waitress was listening to me. Perhaps they should do away with the entire tipping thing and just pay waitresses what they pay the cooks..  or perhaps things should stay like it is and allow us, the customer, to say “thank you” in our own way..

~ Daniel

Till Death Do Us Part?

In Daniels articles on December 9, 2012 at 9:55 pm

ImageToday we live in an era where we share our lives on social media sites as facebook and myspace,  we can keep in touch with family and friends, have conversations (and develop friendships) with total strangers, all without having to leave our home..   We can view pictures of people as they get older and change hair color or go to events, we can follow along as they face trials in their lives and even make little comments to let them know we are still around..  Social Media has really changed the way the world communicates, much in the same way the telephone did for our grandparents and their parents.   Our lives are now much more open to the world..

but what about our deaths?  It is estimated that 30 million people have a facebook account that has out-lived them..  Is it a good thing to be reminded of someone’s death long after they have passed?   facebooks policy is that if a close family member sends them proof of that someone has died (obituary or death certificate) than they have one of two choices.. they can set up a memorial page or they can delete the account.

A memorial page provides access only to friends of the deceased, allows them to leave tributes and blocks things such as the “recommend friends” feature from having their name show up..  This page is much smaller than a normal profile and it does hide some sensitive info.

A year ago my oldest sister died,  She was the first person to welcome me to facebook and I have private messages back and forth to her, from a few months earlier, where she talked about the day she would die.  Reading these messages fools my mind into believing she is still alive but deep inside I know better..  Her facebook page still exists and every so often members of my family write messages to her..  not that we feel she will be able to read them  but because it helps us deal with her loss..  I have not left a message on her page since she died because I have not found the right words but it warms my heart to read others who miss her as much as I do..

Not everyone thinks leaving a facebook account open is a good idea..  one man, who goes by the name “damianmann” wrote “Joining Facebook means you’ll never die. Your self respect and dignity might take a hit. But, it’ll be there forever…..for everyone to comment on. Creepy. VERY creepy.”   in agreement with him, a lady named Kathye wrote “I find it disturbing when I google a person who has passed away and Facebook still has his account.”

Then there is stories like the one told by Lewis Bartholomew, who wrote “Facebook can be a double edged sword. In 2011 my son went through some serious issues. In a phone call to me while attempting suicide I used facebook to post 911 requests on his, his fiancee and my facebook profiles to get help to him several hundred miles away. We succeeded that time. However, eventually my son was successful in his attempt and keeping his FB account was something of a dilemma. Some of his friends knew how he died, others didn’t know he had passed and others were in between.”

I recall that I myself learned this last year about a friends sudden death via facebook, and I again was at a loss for words for his family and loved ones but at least via facebook they knew how big of an impact he had on his friends.

My thoughts are facebook provides a wonderful way to help people to share their grief together and helps keep alive the life on the person who died.  But I don’t know about 50 years from now when facebook will be a 3 billion plus cemetery of profiles of people who are not living anymore..  perhaps there should be a way that after a certain amount of time, these profiles are, if not deleted, at least linked to another site where they can be put to rest with their creators..

~ Daniel