[The Legal Duties of Long-Term Care Providers in Long-Term Care Institutions Using the Example of Fall Accidents Among Elderly Patients].
Two reasons may explain a majority of neglect-related falls that are experienced by the elderly living in senior welfare institutions. Firstly, the supervisors may not manage these institutions in accordance with the law or with the Senior Citizens Welfare Act and the Establishment Standards of Senior Citizens' Welfare Institutions. This situation may compromise the facilities and nursing manpower of these institutions. Secondly, nurses may be negligent in their care of the elderly. Healthcare professionals are responsible to implement their care duties. Failure to implement these duties that result in care-recipient injury or death will expose these professionals to charges of negligent homicide or negligent assault. In order to help supervisors and nurses who work in senior welfare institutions better understand their care duties, the present article introduces relevant laws and regulations, including the Senior Citizens Welfare Act and the Establishment Standards of Senior Citizens' Welfare Institutions. In addition, we introduce three judicial decisions that highlight the domestic judicial practice related to the care duties of long-term care providers. As a result, we hope that long-term care providers may better implement their duties properly and thus avoid negligent harm to those in their care and help better protect and promote the rights and welfare of the elderly.
General Education Center, National Taipei University of Nursing and Health Sciences, Taiwan, ROC.
Hui-Ju
HJ
Chiu
D000058:Accidental Falls; D000368:Aged; D006801:Humans; D008134:Long-Term Care / Q000331:legislation & jurisprudence*
elderly; falls; negligence; nurses; supervisors of institution