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Articles 1 - 12 of 12
Full-Text Articles in Law
Sexual Abuse In Nursing Homes, Elizabeth A. Capezuti, Deborah J. Swedlow
Sexual Abuse In Nursing Homes, Elizabeth A. Capezuti, Deborah J. Swedlow
Marquette Elder's Advisor
This article describes the common characteristics of sexually abused nursing home residents and details the many physical and psychological consequences of sexual abuse. The article considers the victim's ability to report the abuse and how to compassionately conduct the victim interview and collect evidence. The article discusses relevant federal and state law and analyzes various theories of liability.
Legal Aspects Of Chemical Restraint Use In Nursing Homes, Julie A. Braun, Lawrence A. Frolik
Legal Aspects Of Chemical Restraint Use In Nursing Homes, Julie A. Braun, Lawrence A. Frolik
Marquette Elder's Advisor
Chemical restraint, which is the excessive control of behavior through the use of medication, is just one of the many risks faced by nursing home residents. This article explores the definition of chemical restraint, its adverse effects, relevant federal and state laws and regulation, customary industry practice, and practice tips for correcting discovered abuse.
Litigation Nursing Home Wandering Cases, Steven M. Levin, Janice F. Mulligan
Litigation Nursing Home Wandering Cases, Steven M. Levin, Janice F. Mulligan
Marquette Elder's Advisor
This article defines the term wandering and provides prevalence estimates of wanderers within nursing homes nationwide. It addresses the standard of care applicable to wandering cases and reviews court opinions that consider whether the nursing home was on notice of a resident's known tendency to wander. It also discusses discovery in wander cases and concludes with practice tips.
From The Guest Editors: Nursing Home Litigation: An Overview, Julie A. Braun, Jane M.R. Mulcahy
From The Guest Editors: Nursing Home Litigation: An Overview, Julie A. Braun, Jane M.R. Mulcahy
Marquette Elder's Advisor
This article provides an overview of the most common fact patterns involved in the litigation of neglect or abuse of the elderly. The common fact patterns include: choking and feeding tube, wandering, falls and related injuries, physical and chemical restraints, scalding, burns, malnutrition and dehydration, pressure sores, medication errors, and sexual abuse.
Be Careful What You Wish For: The Maryland Medicaid Waiver Experience, Jason A. Frank
Be Careful What You Wish For: The Maryland Medicaid Waiver Experience, Jason A. Frank
Marquette Elder's Advisor
No abstract provided.
Texas' Nursing Home Enforcement System, Lowell A. Keig, Rande K. Herrell
Texas' Nursing Home Enforcement System, Lowell A. Keig, Rande K. Herrell
Marquette Elder's Advisor
This article examines Texas' nursing home regulation system, and suggest that it should be a national model.
Special Care Units: History, Regulation, And Criticism, Mollie Grande
Special Care Units: History, Regulation, And Criticism, Mollie Grande
Marquette Elder's Advisor
Special care units are nursing home areas dedicated to providing care for patients with dementia. This article describes the characteristics of individuals with dementia who need long-term care, outlines the reasons special care units were created, and discusses issues regarding their regulation.
The "Income First" Rule: The Blumer Case, James Jaeger
The "Income First" Rule: The Blumer Case, James Jaeger
Marquette Elder's Advisor
This article discusses the case of Burnett and Irene Blumer and the case's implementation of the "income first" rule.
Abuse In Nursing Homes: Consumers Are Being Left In The Dark, Kathryn Hensiak
Abuse In Nursing Homes: Consumers Are Being Left In The Dark, Kathryn Hensiak
Marquette Elder's Advisor
Horrific reports of physical and sexual abuse plague our nation's nursing homes. A key information resource for consumers, the federal Nursing Home Compare website, is failing to provide adequate information. While government officials are making efforts to improve the site, consumers must be vigilant and protect family members in nursing home care.
Grandparent Molesting: Sexual Abuse Of Elderly Nursing Home Residents And Its Prevention , Robert A. Hawks
Grandparent Molesting: Sexual Abuse Of Elderly Nursing Home Residents And Its Prevention , Robert A. Hawks
Marquette Elder's Advisor
Nursing home residents, especially those with diminished capacity and/or no close relatives nearby, are probably at much greater risk of abuse (especially sexual abuse) than available statistics would indicate. Hawks explains why abuse is underreported, how reporting requirements vary, and describes the effects of elder sexual abuse and its treatment. Legal actions that abused victims and government agencies can or should take and possible legislative changes are also explored.
St. Ritas And Lost Causes: Improving Nursing Home Emergency Preparedness , Robert A. Mead
St. Ritas And Lost Causes: Improving Nursing Home Emergency Preparedness , Robert A. Mead
Marquette Elder's Advisor
This timely article explores the legally required emergency preparedness (or lack of it) at St. Rita's Nursing Home in Louisiana during Hurricane Katrina in 2005 when residents were not evacuated as was mandated. The operators were charged with thirty-four counts of negligent homicide. Issues studied include the dangers of evacuating versus not evacuating, varying emergency preparedness regulations and their enforcement, and the failure of legislatures to strengthen such regulations
Negotiating For Resident-Centered Care, Eric M. Carlson
Negotiating For Resident-Centered Care, Eric M. Carlson
Marquette Elder's Advisor
This article examines how lack of consumer knowledge contributes to the current disparities in residential care. Carlson explains how consumers can negotiate for better service and get their care tailored to their specific needs through managing interactions with the healthcare professionals and facility staff. The article also acknowledges that there is currently a gradual change occurring in residential care.