By Marshall B., JD, MPH, FCLM Kapp
This quantity explores the idea that of defense as utilized within the long-term care context. Chapters learn the way the search for security may fit both synergistically or adversely upon different invaluable social ambitions. one of the tasks thought of are selling the decision-making autonomy of patients/clients and their surrogates, improving the standard of care and caliber of lifestyles to be had to long-term care citizens, and supplying reasonable repayment for injured sufferers while severe damage happens. Questions addressed which are of outrage to criminal and moral theorists, social technology researchers, and patient/client advocates contain: To what quantity do litigation and/or law accomplish the security and different valid pursuits of public coverage within the long-term care area? Do the prices of assorted methods outweigh the advantages in selling security and different objectives? How do litigation and legislation examine with substitute methods to attaining a similar ambitions, by way of a suitable cost/benefit stability?
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Extra info for Ethics, Law, and Aging Review, Volume 9: Assuring Safety in Long Term Care: Ethical Imperatives, Legal Strategies, and Practical Limitations
6. Deuteronomy 24:19. 7. Deuteronomy 15:7-8, 11, Leviticus 19:10. 8. Leviticus 19:14. 9. Deuteronomy 15:12-14. Albatross of Historical Experience 27 10. Psalm 71:9. 11. Psalm 71:18. 12. Deuteronomy 5:16. 13. Leviticus 19:32. 14. De Praerogativa, 17 Edw 2, Chap 9 (1324). See Horstman, P. (1975). R 215. 15. Seymour, J.. (1994). "Parens Patriae and Wardship Powers: Their Nature and Origins," 14 Oxford Journal of Legal Studies 159. 16. Comment, Developments in the Law: Civil Commitment of the Mentally 111 (1974).
Marshall Kapp's more recent review70 raises precisely the appropriate skepticism about faith in regulation's ability to achieve satisfactory outcomes. His suggestion to pursue the concept of therapeutic jurisprudence is discussed further below. Faith in regulatory systems remains strong. A recent review by Walshe and Harrington 71 undertakes an analysis of resources available to state regulatory agencies and their performance, presumably the degree to which they succeed in their task to assure some minimum quantity and quality of service.
73 Apparently, the measure of activity is regarded as a proxy for outcomes that reflect quality of care and quality of life. The study concludes, "State survey agencies probably need more funding to fulfill their responsibilities properly, but other changes are also needed to improve their performance, including more support and oversight by CMS and more effective regulatory design"74 (emphasis supplied). 6 facilities for each. 2 million, or about $22,482 for each facility. 2 million probably does not include the "overheads" for civil service personnel administration, expenses by attorneys general for enforcement, costs of internal state auditing, and the like.