ERIC Number: ED276933
Record Type: Non-Journal
Publication Date: 1986-Nov
Pages: 49
Abstractor: N/A
ISBN: N/A
ISSN: N/A
EISSN: N/A
Available Date: N/A
Legal Issues in Nursing Homes.
Kapp, Marshall B.
This paper examines the variety of legal rules and processes which have been established to assess and ensure that the quality of care provided in nursing homes satisfies an acceptable level. It begins with a general overview of nursing home law. Areas discussed in this section include: (1) sources of nursing home law; (2) theories of liability; and (3) personal, vicarious, and corporate liability. The next section pays specific attention to the rights of nursing home residents. Sources of resident rights are explained, substantive provisions are discussed, and resident rights advocacy efforts are described. The third section of the paper concerns decision making for nursing home residents. The issue of competent residents and informed consent is examined, determination of competency is explained, and proxy decision making for incompetent residents is discussed. Ths issue of "Do Not" orders, decisions to withhold or withdraw certain types of medical interventions from a resident made by the attending physician, is also addressed. The final section provides speculation about the future of nursing home law. Thirteen pages of references are included. (NB)
Publication Type: Information Analyses; Speeches/Meeting Papers; Legal/Legislative/Regulatory Materials
Education Level: N/A
Audience: N/A
Language: English
Sponsor: N/A
Authoring Institution: N/A
Grant or Contract Numbers: N/A
Author Affiliations: N/A