The Liability Environment for Physicians Providing Nursing Home Medical Care: Does it Make a Difference for Residents?

Posted: 5 Feb 2009

See all articles by Marshall B. Kapp

Marshall B. Kapp

Florida State University - College of Law and College of Medicine

Date Written: February 3, 2009

Abstract

Virtually all current residents of nursing homes in the United States have significant physical or mental problems requiring ongoing, competent medical attention. Physicians may be involved in the provision of medical care to nursing home residents in several different ways. This article reports on a research project involving a literature review, legal review, and the conduct of more than forty-five individual telephone and in-person conversations with key informants. The author attempts to identify and analyze the anxieties that physicians have about their own legal risks associated with nursing home involvement as either medical directors or attending physicians and how those legal anxieties may affect, positively or negatively, the quality of care and quality of life experienced by nursing home residents. The findings reported here form the basis for prescriptive recommendations for improving long-term care policy and industry practice.

Keywords: nursing homes, medical malpractice, liability, long-term care

Suggested Citation

Kapp, Marshall, The Liability Environment for Physicians Providing Nursing Home Medical Care: Does it Make a Difference for Residents? (February 3, 2009). Elder Law Journal, Vol. 16, No. 2, 2009, Available at SSRN: https://ssrn.com/abstract=1337230

Marshall Kapp (Contact Author)

Florida State University - College of Law and College of Medicine ( email )

625 Eagle View Circle
Tallahassee, FL 32311
United States
618-534-1022 (Phone)

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