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The Bright Misplaced Line: Persistent Vegetative State And Withdrawal Of Artificial Sustenance, James A. Jaeger Aug 2012

The Bright Misplaced Line: Persistent Vegetative State And Withdrawal Of Artificial Sustenance, James A. Jaeger

Marquette Elder's Advisor

One of the most troublesome issues with end-of-life decision making is the withdrawal of tube feeding, which became more problematic following the Wisconsin decision in the Edna M.F. case. This article examines case law on this issue, reviews some of the medical literature on the effects of withdrawing a feeding tube, reviews case law developments in other states, and articulates what would be a workable approach to this issue.


Elder Law: General Practice With A Niche, Jane Rupprecht Mulcahy Aug 2012

Elder Law: General Practice With A Niche, Jane Rupprecht Mulcahy

Marquette Elder's Advisor

This article provides an overview of elder law practice and the importance of a client centered practice. Developing an elder law practice requires specialized marketing to the growing aging population. The elder law attorney must be knowledgeable in broad areas of law included in that practice. Expertise in property law and health care law are two of the most common areas of law practiced by elder law attorneys.


Physical Restraint Use In Acute Care Hospitals: Legal Liability Issues, Marshall B. Kapp Aug 2012

Physical Restraint Use In Acute Care Hospitals: Legal Liability Issues, Marshall B. Kapp

Marquette Elder's Advisor

This article begins by explaining what physical restraints are. The author then explains that the elderly are the most likely group to be restrained in hospitals. He goes on to discuss the evolution of regulations controlling the use of such restraints. Changes in standards of care, customary practice, informed consent, and assumption of risk dynamics are explained. The article concludes by explaining that health care providers and facilities can limit their tort liability exposure through creative processes that include regulatory compliance, voluntary accreditation, and individualized assessment and care.


Internet Resources Related To Nursing Care Facilities, Robin C. Schard Aug 2012

Internet Resources Related To Nursing Care Facilities, Robin C. Schard

Marquette Elder's Advisor

Schard uses this column to list a number of internet sources available to assist in evaluating various nursing care facilities, and gives a brief overview of what these sites provide. A few of the numerous sites described are the Joint Commission on Accreditation of Healthcare Organizations, the American Health Care Association, and the AARP.


Alternative Medicine In The Elderly: Use And Abuse, Piero Antuono, Jennifer Jones, Jan Beyer Aug 2012

Alternative Medicine In The Elderly: Use And Abuse, Piero Antuono, Jennifer Jones, Jan Beyer

Marquette Elder's Advisor

Written by health care professionals, this article investigates the use and usefulness of complementary and alternative medicines (CAMs) by senior citizens. These entities, classified by the FDA as dietary supplements, are among the most widely prescribed drugs in Europe. CAMs discussed include gingko biloba for vascular disease and dementia, glucosamine and chondroitin for arthritis, saw palmetto for benign prostate hypertrophy, St. John's Wort for depression, and valerian for insomnia.


Pain Management In Long-Term Care: Update On Guidelines And Jcaho Standards, Jayne E. Pawasauskas, Andrea F. Luisi Aug 2012

Pain Management In Long-Term Care: Update On Guidelines And Jcaho Standards, Jayne E. Pawasauskas, Andrea F. Luisi

Marquette Elder's Advisor

The authors, both Doctors of Pharmacy, discuss the different levels of pain management in the elderly population. The dangers of side effects of both prescription and non-prescription medications must be considered when evaluating dosing for pain relief or pain prevention. Updated guidelines for patient involvement in pain management protocols in long-term care facilities are examined.


Late-State Dementia Care, Christine R. Kovach Aug 2012

Late-State Dementia Care, Christine R. Kovach

Marquette Elder's Advisor

Dementia can be said to progress from early to mid to late stages. The rate of progression is variable, and the needs of the patients and the interventions required do evolve. Specific discussions include nutrition and hydration, behavioral aspects, care options, the use of the Medicare hospice benefit, and care units specially designed for late-stage dementia.


Friendly Peruasion, Good Salesmanship, Or Undue Influence, Mary Joy Quinn Aug 2012

Friendly Peruasion, Good Salesmanship, Or Undue Influence, Mary Joy Quinn

Marquette Elder's Advisor

Undue influence is the substituion of one person's will for the true desires of another. Unlike common persuasion and sale techniques, fraud, duress, threats, or other deceits are often features of undue influence.


The Pressure Sore Case: A Medical Perspective, Jeffrey M. Levine Aug 2012

The Pressure Sore Case: A Medical Perspective, Jeffrey M. Levine

Marquette Elder's Advisor

Although bedsores sometimes result from inadequate care, not all cases involving pressure ulcers merit a lawsuit. This article adopts a medical perspective in its consideration of the pressure sore case, particularly when evaluating deviation from the standard of care. It also provides practice tips for caregivers wishing to avoid pressure sore litigation.


Role Of Legal Nurse Consultant In Gathering And Analyzing The Nursing Home Record, Deborah D. D'Andrea Aug 2012

Role Of Legal Nurse Consultant In Gathering And Analyzing The Nursing Home Record, Deborah D. D'Andrea

Marquette Elder's Advisor

The legal nurse consultant (LNC) can be a powerful asset in litigation involving nursing home care. This article discusses how the medical expertise of the nurse is useful in the gathering, organizing, and analyzing of the voluminous records that accompany such cases. It also discusses which information prepared by the LNC is work product and which is discoverable.


From The Guest Editors: Nursing Home Litigation: An Overview, Julie A. Braun, Jane M.R. Mulcahy Aug 2012

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.


Naela White Paper On Long-Term Care Reform Aug 2012

Naela White Paper On Long-Term Care Reform

Marquette Elder's Advisor

The current system for addressing long-term care is a non-system. It is a hodgepodge of services that fail to meet its intended needs and is economically inefficient. This White Paper analyzes the problems and proposes recommendations to serve as policy solutions for citizens and government


Preventative Medicine Guidelines For The Geriatric Population, Lisa Dockter, David A. Simpson Aug 2012

Preventative Medicine Guidelines For The Geriatric Population, Lisa Dockter, David A. Simpson

Marquette Elder's Advisor

To promote and maintain the health of elders, it is critical that physicians adopt preventative medicine practices. This article examines the geriatric health maintenance research, which provides comprehensive guidelines for healthcare providers


Comparative Analysis Of New Legislation In Florida, Illinois, And Wisconsin On Do-Not-Resuscitate Orders In Non-Hospital Settings, Susan U. Ladwig Aug 2012

Comparative Analysis Of New Legislation In Florida, Illinois, And Wisconsin On Do-Not-Resuscitate Orders In Non-Hospital Settings, Susan U. Ladwig

Marquette Elder's Advisor

This article focuses on the history and application of the newest type of end-of-life decision-making documents.


Terminal Sedation And Dehydration, Charles F. Mckhann Aug 2012

Terminal Sedation And Dehydration, Charles F. Mckhann

Marquette Elder's Advisor

This article examines the range of medical intervention at life's end can vary greatly, from sedation to euthanasia.


Texas' Nursing Home Enforcement System, Lowell A. Keig, Rande K. Herrell Aug 2012

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.


The Invisible Elder: The Plight Of The Elder Native American, Lora A. Kaelber Aug 2012

The Invisible Elder: The Plight Of The Elder Native American, Lora A. Kaelber

Marquette Elder's Advisor

This article reveals the circumstances of many Native American elders. It reviews various causes and attempts at rectification and, in particular, one of the most recent efforts- high-stakes gaming. In keeping with a long history of failure of government intervention programs, this newest effort may be aggravating already difficult circumstances for the elderly


Consumer Preferences For A Consumer Directed Cash Option Versus Traditional Services, Sharon M. Desmond, Kevin J. Mahoney, Lori Simon-Rusinowitz, Dawn M. Shoop Aug 2012

Consumer Preferences For A Consumer Directed Cash Option Versus Traditional Services, Sharon M. Desmond, Kevin J. Mahoney, Lori Simon-Rusinowitz, Dawn M. Shoop

Marquette Elder's Advisor

This article examines the findings of a telephone survey inquiring into the preferences of Florida elders and adults with physical disabilities with regard to various options for receiving assistance and service.


Comprehensive Geriatric Assessment: Assuring Appropriate Medical Treatment And Improving Quality Of Life, Judith B. Rappaport Musson Aug 2012

Comprehensive Geriatric Assessment: Assuring Appropriate Medical Treatment And Improving Quality Of Life, Judith B. Rappaport Musson

Marquette Elder's Advisor

The Comprehensive Geriatric Assessment (CGA) is an effort by an interdisciplinary team of professionals whose goal is to advocate for elder patients and help restore them to optimum health and functionality. This article presents an analytic look at this powerful and underused tool.


Abuse In Nursing Homes: Consumers Are Being Left In The Dark, Kathryn Hensiak Aug 2012

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.


Alcohol Abuse: A Hidden Epidemic Among Elders, M. Saleem Ismail Aug 2012

Alcohol Abuse: A Hidden Epidemic Among Elders, M. Saleem Ismail

Marquette Elder's Advisor

Among elders with physical or emotional disorders, even modest alcohol consumption can seriously impair their already fragile health. Successful treatment requires identifying the problem, understanding the medical and social complexities involved, and providing the necessary support


Widow To Widow: Thoughtful, Practical Ideas For Rebuilding Your Life, Maureen A. Lokrantz Aug 2012

Widow To Widow: Thoughtful, Practical Ideas For Rebuilding Your Life, Maureen A. Lokrantz

Marquette Elder's Advisor

No abstract provided.


Treated With Respect: Enforcing Patient Autonomy By Defending Advance Directives, Carol J. Wessels Aug 2012

Treated With Respect: Enforcing Patient Autonomy By Defending Advance Directives, Carol J. Wessels

Marquette Elder's Advisor

Wessels discusses the right of competent individuals to direct their own health care and the obstacles encountered in enforcing these rights under a power of attorney for health care or an advance directive. The rights to make such decisions are explored, as well as the barriers to enforcement, both statutory and provider related. Several causes of action against non-compliant actors are discussed.


Protective Assistance For Elders: Maine Experience And Comparisons, Alison Barnes Aug 2012

Protective Assistance For Elders: Maine Experience And Comparisons, Alison Barnes

Marquette Elder's Advisor

This thoughtful analysis of Maine's Adult Protective Services for the elderly encompasses statutes involved, services provided, those who can be served, required reporting, emergency interventions, and possible sources of funding. Methods for preventing abuse and exploitation are examined. Barnes discusses legal remedies concerning misappropriated funds as well as civil and criminal actions against abusers. The reasons for self neglect and refusal of care are also explored.


The Disjunction Between Prevention And Compensation Of Hip Fractures Among Elderly Citizens: The Law's Role In Creating Ex Ante Incentives, Janis Sarra Aug 2012

The Disjunction Between Prevention And Compensation Of Hip Fractures Among Elderly Citizens: The Law's Role In Creating Ex Ante Incentives, Janis Sarra

Marquette Elder's Advisor

This article examines the relationship between the compensation for and the prevention of hip fractures among the growing population of seniors in Canada. Sarra postulates that the current system expends funds on liability protection that would be better spent on prevention. Options explored are no-fault compensation, redirecting legal resources, negotiated risk, and adjust[ing] the tax base to ensure that there are sufficient resources to support elderly individuals.


Elder Abuse: Indicators And Examples, Susan Beerman Aug 2012

Elder Abuse: Indicators And Examples, Susan Beerman

Marquette Elder's Advisor

Elder abuse can occur in many ways and involve people from all walks of life. This article lists some of the more obvious and observable signs of abuse and also many of the more subtle signals that may indicate the possibility of abuse and bear further investigation. The effects of self neglect and caregiver stress and their relationship to elder abuse are also discussed.


Older Adults And Addiction: Why We Should Care, Carol Colleran Aug 2012

Older Adults And Addiction: Why We Should Care, Carol Colleran

Marquette Elder's Advisor

Colleran explains some of the causes of alcohol and medication dependence in older adults, such as voluntary or involuntary retirement, death of a loved one, a change of residence, or health problems such as pain or insomnia. Warning signs are detailed, and suggestions for approaching seniors with these problems, including intervention, are given. A list of additional resources is included.


The Schiavo Odyssey: A Tale Of Two Legislative Reprieves , Miriam Rosenblatt-Hoffman Aug 2012

The Schiavo Odyssey: A Tale Of Two Legislative Reprieves , Miriam Rosenblatt-Hoffman

Marquette Elder's Advisor

Between the time that Terri Schiavo's husband received court approval to discontinue her life support systems and her ultimate demise more than five years later, contentious legal battles were waged and specific state and federal laws were enacted to prolong Terri's life. The author postulates and explains why both laws were unconstitutional, and decries the legislative interference in patient autonomy.


Failing To Care: How Effective Compliance Prevents Institutional Elder Neglect, David R. Hoffman Aug 2012

Failing To Care: How Effective Compliance Prevents Institutional Elder Neglect, David R. Hoffman

Marquette Elder's Advisor

Hoffman discusses how criminal and civil action by way of state criminal statutes and the False Claims Act should be utilized against institutions that receive governmental funding to motivate them to provide residents with adequate services. The article outlines how elder care institutions can provide effective care for their residents through appropriate employment screening and on-boarding, reporting and monitoring and thorough investigative procedures


"Death With Dignity": A Recipe For Elder Abuse And Homicide (Albeit Not By Name), Margaret K. Dore Aug 2012

"Death With Dignity": A Recipe For Elder Abuse And Homicide (Albeit Not By Name), Margaret K. Dore

Marquette Elder's Advisor

Death with Dignity Acts in Oregon and Washington authorize physicians to write life-ending prescriptions for their patients. This article addresses various problems with the Acts, including the wording about who may administer the lethal drug and the fact that both Acts lack a consent requirement when the lethal dose is administered. This article also addresses counter arguments offered by proponents of the Acts.