临床病例管理:一项协调发现、报告和起诉虐待老人行为的战略。

Q2 Social Sciences Cornell Journal of Law and Public Policy Pub Date : 2005-01-01
Arlene D Luu, Bryan A Liang
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引用次数: 0

摘要

尽管有民事和刑事制裁,虐待老人在美国是一种普遍的、未被报道的、未被起诉的事件。传统的报告立法和普通法补救措施对虐待老年人的发生率和普遍程度影响甚微。随着老年人口在今后几十年不成比例地增长,虐待老年人的流行病性质预计将呈指数级增长。在广泛的医疗和法律环境中,检测、报告和起诉这种虐待行为的支离破碎的系统造成了一个糟糕的结构,无法有效地让可能受到虐待的患者将他/她的虐待情况告知相关方,以保护患者,报告和调查他/她的情况,并在必要时将肇事者绳之以法。急诊室和其他老年人在场护理的设施应配备经过临床培训的人员,这些人员熟悉在不同的护理环境中与患者和提供者互动,并接受过发现和报告虐待行为的培训。护理案例管理人员很好地填补了这一角色,因为他们能够协调急性和长期护理机构之间的努力,同时也能够向患者提供有关虐待老年人的法律和临床信息。此外,他们可以通过临床观察和专业知识支持起诉工作。因此,临床病例管理人员能够协调当前系统所缺乏的工作,有效地评估、报告、保护和安排对患者的相关服务。通过虐待老人的临床和特殊培训,护理案件管理人员可以为起诉这一最恶劣罪行的肇事者提供支持。
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Clinical case management: a strategy to coordinate detection, reporting, and prosecution of elder abuse.

Despite civil and criminal sanctions, elder abuse is a prevalent, underreported, and underprosecuted event in the United States. Traditional reporting legislation and common law remedies have had minimal effect on the incidence and prevalence of elder abuse. The epidemic nature of elder abuse is projected to increase exponentially as the elderly population grows disproportionately over the next several decades. The fragmented system of detecting, reporting, and prosecuting this abuse across a wide range of medical and legal settings creates a poor structure to effectively allow a potentially abused patient to have his/her abuse circumstance communicated to the relevant parties to protect the patient, have his/her situation reported and investigated, and, if necessary, have the perpetrator brought to justice. Emergency rooms and other facilities where elders present for care should be staffed by clinically trained persons who have familiarity interacting with patients and providers across settings of care, and who are trained to detect and report abuse. Nursing case managers fill this role well because they are able to coordinate efforts among acute and long-term care facilities while also being able to supply patients with legal and clinical information about elder abuse. In addition they may support prosecution efforts through their clinical observations and expertise. Hence, clinical case managers are able to coordinate efforts lacking in the current system to effectively evaluate, report, protect, and arrange for relevant services for the patient. Through clinical and special training in elder abuse, nursing case managers can provide support to prosecution efforts against the perpetrators of this most egregious crime.

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期刊介绍: Founded in 1991, the Cornell Journal of Law and Public Policy (JLPP) has quickly risen to become one of the leading public policy journals in the nation. A fixture among the top 10 policy journals, JLPP has consistently been among the top 100 student-edited law journals. JLPP publishes articles, student notes, essays, book reviews, and other scholarly works that examine the intersections of compelling public or social policy issues and the law. As a journal of law and policy, we are a publication that not only analyzes the law but also seeks to impact its development.
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