Ethics, Law, and Aging Review, Volume 9: Assuring Safety in Long-Term Care

by Kapp, Marshall B.

• ISBN13: 9780826116437
• ISBN10: 0826116434
• Edition: 1st
• Format: Hardcover
• Copyright: 2003-08-01
• Publisher: SPRINGER PUB CO INC

Summary

This volume explores the concept of safety as applied in the long term care context. Chapters examine the way in which the quest for safety may work either synergistically or adversely upon other worthy social goals. Among the initiatives considered are promoting the decision-making autonomy of patients/clients and their surrogates, enhancing the quality of care and quality of life available to long term care residents, and providing fair compensation for injured victims when serious harm occurs. Questions addressed that are of concern to legal and ethical theorists, social science researchers, and patient/client advocates include: To what extent do litigation and/or regulation accomplish the safety and other legitimate objectives of public policy in the long term care arena? Do the costs of various approaches outweigh the benefits in promoting safety and other goals? How do litigation and regulation compare with alternative approaches to achieving the same goals, in

Author Biography

Katrina A. Bramstedt, PhD, is a faculty member in the Department of Bioethics at the Cleveland Clinic. She received her graduate degree from Monash University, and previously was affiliated with the Bioethics Center of Loma Linda University Thomas R. Clark, RPh, MHS, is director of professional affairs of the American Society of Consultant Pharmacists Elias S. Cohen, MPA, JD, is an attorney and has been an advocate in gerontology for the last fifty years. He was Pennsylvania's first commissioner on aging, first chairman of the board of the National Senior Citizens Law Center, and former editor-in-chief of The Gerontologist Rebecca D. Elon, MD, MPH, is a practicing geriatrician, associate professor of medicine at Johns Hopkins University School of Medicine, and clinical associate professor of medicine at the University of Maryland School of Medicine Iris C. Freeman, MSW, is director of public policy for the Alzheimer's Association, Minnesota-Dakotas Chapter, in Minneapolis, Minnesota Lawrence A. Frolik, JD, is professor of law at the University of Pittsburgh School of Law, and has published and spoken extensively on elder law issues Stephanie R. Gallo, JD (cand.), is a member of the Class of 2004, University of Pittsburgh School of Law Kathleen Gannoe, MPA, is executive director of the Nursing Home Ombudsman Agency of a Bluegrass, Inc. in central Kentucky Beverley Laubert, BA, MA, has been an ombudsman for fourteen years, including eight as 9 State Long-Term Care Ombudsman, leading a statewide office in advocacy for long-term care consumers and issues affecting Ohio's long-term care system R. Michael Laubert, JD, is deputy general counsel to the Ohio Department of Aging, where he has served since 1991 Ethel L. Mitty, EdD, RN, is adjunct clinical professor of nursing and a research scientist at the Division of Nursing, Steinhardt School of Education, New York University Eric Mount, Jr., STM, PhD, an ethicist, is chairman of the board of directors of the Nursing Home Ombudsman Agency of the Bluegrass, Inc. in central Kentucky and Rodes Professor of Religion Emeritus at Centre College

Table of Contents

Contributors	vii
Acknowledgment	ix
Introduction	xi
Part I. Assuring Safety in Long-Term Care: Ethical Imperatives, Legal Strategies, and Practical Limitations
Chapter 1. Assuring Safety in Long-Term Care: The Albatross of Historical Experience	3	(30)
Elias S. Cohen
Chapter 2. At Least Mom Will Be Safe There: The Role of Resident Safety in Nursing Home Quality	33	(10)
Marshall B. Kapp
Chapter 3. Assuring Quality Nursing Home Care: A Case of "Market Failure"	43	(18)
Lawrence A. Frolik and Stephanie R. Gallo
Chapter 4. Assisted Living: Safety vs. Autonomy	61	(16)
Ethel L. Mitry and Thomas R. Clark
Chapter 5. Safety, Self-Determination, and Choice in Long-Term Care: The Consumer and Ombudsman Experience	77	(12)
Beverley Laubert and R. Michael Laubert
Chapter 6. Hazardous to Our Health: Competing Values, Conflicting Agendas, and Mixed Messages	89	(18)
Eric Mount, Jr. and Kathleen B. Gannoe
Chapter 7. Assuring Safety for People With Dementia in Long-Term Care Facilities: A Focus on Staffing	107	(18)
Iris C. Freeman
Chapter 8. Improving Resident Safety Through Quality Medical Care	125	(18)
Rebecca D. Elon
Part II. Independent Articles
Chapter 9. When Value and Meaning Become Monetary Rather Than Moral: Issues in Geriatric Health Care Allocation	143	(8)
Katrina A. Bramstedt
Book Reviews	151	(8)
Books Received	159	(3)
Index	162