Future trends in the legal rights of patients in nursing homes.
The author discusses the demographic aging of Canada and outlines how the Canadian Constitution and the Charter of Rights and Freedoms are likely to affect the care and treatment of nursing home residents. Because physical freedom and personal autonomy have been given such a high value in the constitution, civil and legal rights will be protected for all residents in nursing homes, and procedural safeguards will become mandatory in the next few years for patients who refuse treatment and for those who are deemed to be incompetent. Physicians and other caregivers will increasingly be removed from the role of substitute decision-maker for incompetent patients, and patient representatives, court-appointed guardians and courts will assume this responsibility. Judicial safeguards such as impartial hearings, appeals to the court and the principles of natural justice will become commonplace in nursing homes.
Hoffman
B F
BF
Division of Inpatient Psychiatry, Mount Sinai Hospital, Toronto, Ont.
D000368:Aged; D000369:Aged, 80 and over; D002170:Canada; D003657:Decision Making; D006707:Homes for the Aged / Q000331:legislation & jurisprudence; D006801:Humans; D007258:Informed Consent / Q000331:legislation & jurisprudence; D009735:Nursing Homes / Q000331:legislation & jurisprudence; D010344:Patient Advocacy / Q000639:trends*; D010361:Patients / Q000523:psychology; D010819:Physician's Role; D011570:Psychiatry / Q000331:legislation & jurisprudence