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Biomedical subjects

M B Kapp

Publications and source records attributed to M B Kapp.

At least 55 records · Page 3Linked to original sources

The legal status of clinical practice parameters: an updated annotated bibliography.

In response to extensive speculation about the probable liability implications for health care providers of the formal creation and dissemination of explicit practice parameters of guidelines, I prepared several years ago an annotated bibliography of emerging literature on that topic (1). Since preparation of that catalogue, little meaningful clarification of these issues has emerged from the courts, legislatures, or regulatory agencies.

Insurance, Liability↗

Restraining impaired elders in the home environment: legal, practical, and policy implications.

Since the late 1980s, a combination of regulation and education has brought about tremendous changes in practices in nursing homes, and to a lesser extent hospitals, concerning the use of physical and chemical restraints on patients. However, case managers often seek to negotiate home living arrangements for impaired older persons as a less restrictive or intrusive alternative than institutional placement. This article moves the discussion about the legal and ethical propriety of restraints to this home setting. Questions are raised about theoretical legal implications, practical enforcement issues, and public policy dilemmas when restraints are applied to older, impaired individuals in the home environment either by professional agency personnel or by the individual's family. Specific questions for case managers are highlighted.

Aged↗

Treatment and refusal rights in mental health: therapeutic justice and clinical accommodation.

The impact of recognition by courts and legislatures in the 1970s and early 1980s of patients' rights to receive or to refuse mental health treatment is evaluated. The implementation of these rights in practice does not appear to have exerted an unduly disruptive or destructive effect on mental health services or their clienteles. At the same time, their recognition has not led to the salutary therapeutic jurisprudence envisioned by their proponents.

Health Services Accessibility↗

Implications of the Patient Self-Determination Act for psychiatric practice.

The U.S. Congress enacted the Patient Self-Determination Act in the wake of the Supreme Court's 1990 decision in the case of Nancy Cruzan, which concerned discontinuing life-sustaining medical treatment for a decisionally incapacitated patient. This statute attempts to promote individual autonomy in medical decision making, particularly concerning life-sustaining medical treatments; it imposes specific requirements on organizational health care providers to encourage patients to plan ahead for health care contingencies by executing advance directives such as living wills and durable powers of attorney. The author discusses the ethical principles and public policy considerations undergirding the act and the advance directive movement in general and explores the implications of the act for current and future psychiatric practice in the U.S.

Advance Directives↗

Ethical aspects of guardianship.

One important device that has evolved within the legal system for dealing with the problem of cognitively incapacitated individuals and the concomitant need for some form of surrogate decision making on their behalf is guardianship. This article outlines the most salient ethical challenges related to guardianship for clinicians who interact professionally with older persons of diminished capacity and their families. Special attention is devoted to the clinician's role in initiating guardianships, questioning the guardian, in the guardianship proceeding, and evaluating the therapeutic impact of guardianship.

Aged↗

'Ageism' and right to die litigation.

This study examines 88 reported judicial decisions involving adult patients and decisions about life-prolonging medical treatments. The patient's age by itself does not appear to be a factor influencing findings of mental competency or incompetency or findings of the appropriateness or inappropriateness of abating life-prolonging medical treatments. Neither can an explicit ageist bias be extracted from an analysis of the text of judicial decisions in this arena. Various potential explanations for the lack of apparent ageist bias are suggested.

Adult↗

Nursing home compliance with the Patient Self-Determination Act: does Jewish affiliation make a difference?

This paper reports on a mail survey of Jewish nursing homes nationally regarding their compliance with the federal Patient Self-Determination Act that became effective in December, 1991. Data is presented about the extent to which institutions' religious affiliation has influenced their advance directive policies and the procedures they have adopted to implement those policies. A content analysis of written advance directive policies used in Jewish nursing homes is presented also.

Advance Directives↗

Life-sustaining technologies: value issues.

This article examines life-extending technologies such as resuscitation, mechanical ventilation, antibiotics, dialysis, and artificial nutrition and hydration. It considers these technologies in terms of the value issues of (1) equity of access, (2) equity of allocation, (3) cost-effectiveness and appropriateness of use, (4) legal concerns, and (5) determination and control of the application of technology. How we resolve these issues tests our character as individuals and as a society--it plays a key role in determining who shall live and what kind of society we shall become.

Age Factors↗

The legal status of clinical practice parameters: an annotated bibliography.

An important recent development in American medicine has been the strong push in the last few years toward the formal creation, dissemination, and enforcement of explicit clinical practice guidelines or parameters relating to the quality and efficacy of various medical interventions, parameters that would guide the decisions and actions of physicians and other health care providers (1-3). Medical societies (4), governmental agencies such as the federal Agency for Health Care Policy and Research, and insurers are utilizing a variety of approaches to the development of practice parameters for medical diagnosis and intervention, including informal consensus development, formal consensus development, evidence-based guideline development, and explicit guideline development (5). The number and variety of practice parameters has burgeoned in response to the wide national variations in medical practice patterns, without corresponding differences in clinical outcomes, that have been documented by health services researchers. Several commentators have expressed serious skepticism about the probable impact of practice parameters, surmising that they will be used extensively in a negative manner in medical malpractice litigation (6, 7). Many physicians in particular have asked "how they [practice parameters] can be implemented without courting the ruin of the individual practitioner" (8). In response to these anxieties, a new medicolegal literature has arisen to address the relationship between the development of clinical practice parameters and the physician's exposure to malpractice litigation and adverse judgments, as well as the implications for malpractice insurance premiums. This growing literature has now achieved a critical mass. The major contributions to this corpus at present are listed and annotated below.

Humans↗