Legal anxieties and end-of-life care in nursing homes

Issues Law Med. 2003 Fall;19(2):111-34.

Abstract

Many persons spend their final days as nursing home residents. It has been suggested that one set of factors powerfully and unfavorably influencing the quality of end-of-life (EOL) care provided in American nursing homes involves the anxieties that nursing home providers experience regarding potential negative legal entanglements and repercussions associated with the provision of EOL care to their residents. This article critically examines the hypothesis that the quality of EOL medical care provided in nursing homes often is skewed in a perverse way because providers are driven unduly by legal apprehensions. The author offers practice and policy recommendations for trying to resolve or mitigate the tension present between legally defensive practice (real or perceived) by nursing homes, on one hand, and ethically optimal EOL care, on the other.

Publication types

  • Research Support, Non-U.S. Gov't
  • Review

MeSH terms

  • Aged
  • Health Policy
  • Health Services / legislation & jurisprudence
  • Humans
  • Liability, Legal
  • Long-Term Care / ethics
  • Long-Term Care / legislation & jurisprudence*
  • Nursing Homes / ethics
  • Nursing Homes / legislation & jurisprudence*
  • Nursing Homes / organization & administration*
  • Quality of Health Care / ethics
  • Quality of Health Care / legislation & jurisprudence
  • Terminal Care / ethics
  • Terminal Care / legislation & jurisprudence*