Healthcare of the Elderly
Healthcare policies and law are an important part of society because it will result to cost changes, quality improvement of life, and safety and preparedness drills in cases of disaster or adversities (Teitelbaum & Pozgar, 2015). Essentially, this should be straightforward which is to promote and protect the lives of the individual and population (Teitelbaum & Pozgar, 2015). The four factors affecting the complexity of healthcare framework are: 1) Socio-political and legal implications (which are mostly driven by competing interest and different advocates; 2) Personal philosophy and beliefs; 3) Vagueness with handling healthcare policies; 4) Rapid advancement of technology (Teitelbaum & Pozgar, 2015). In this case, the ethical and legal implications of geriatric treatment of elderly patients will be tackled by weighing in its benefit and detriments as well as suggest recommendations on how to possibly address the concerns. Numerous policies are shrouded by the practice of geriatric medicine which covers strict competencies and residency before becoming a certified geriatrician. Particularly in Canada, the widespread awareness and law implementation is prevalent as evident by the multiple region acts and law in study by Canadian Centre for Elder Law (2011). Elderly abuse is the most common concern by geriatricians due to the fact that sometimes elders cannot distinguish or discern proper judgement brought about their ailments hence the decision will be reliant on advance directives or power of attorney (Williams, 2007; Canadian Center for Elder Law, 2011; Mahoney, 2015).Suggested recommendations may be subject to harsh criticism but in the end, free will and personal decision of the patient should be put into consideration.
Ethical analysis
Strict ethical practice is being implemented in the field of geriatric medicine but even though this is the case, the complexity of treatment may provide loopholes which is of ethical concern. First, it is only rightful to discuss the basic principles covering elderly abuse. These are autonomy, beneficence, non-maleficence, and justice which are all the grounds for decision-making to enhance the quality of life for the elderly (Ensign, n.d.; Williams, 2007). According to Ensign (n.d.), the derivatives of which veracity, confidentiality, and fidelity. These qualities should be present in the caregiver of social worker who provides treatment or care for the elder. Without these caveats, the application of the principles would not work because it is the primary concern of the eldercare provider to prioritize the autonomy, welfare and the ‘best interest’ of their patients above all. Geriatricians and other eldercare providers should always respect the autonomy of their patients and assess their competency and capacity but more often than not, some ethical issues will tend to arise. According to Ensign (n.d.), common issues revolve around conflict of interest, confidentiality breach, and decision-making incapacity. They occur when the immediate family members, fiduciary or caregiver provider act in bad faith on behalf of the elderly’s incapacity therefore it is now within the scope of the Law including the code of ethics, rules of professional conduct and other centers of elder law.
Legal analysis
Different countries implement varying legal framework concerning elderly abuse. As mentioned above, the common law covering this case is the rules of professional conduct and code of ethics but these are from the perspective of the eldercare provider. The United States and Canada are two of the most seriously concerned on elderly abuse. Elderly abuse, neglect, exploitations, and ageism are the primary concerns which needs to be address. Mandatory reporting is required of those who witness these crimes as well careful consideration on trust, power of attorneys, will etc. (Stiegel, 2014 and Canadian Center for Elder Law, 2011). Particularly in Canada, every region has different law in response to abuse and neglect of elders such as Adult Protection Act, Family Abuse Intervention Act, Neglected Adults Welfare Act, Protection for Persons in Care etc. (Canadian Center for Elder Law, 2011). The downside is if the incidents were not reported as well as the disregard for the severity of the consequences.
Recommendation
Two recommendations would be to increase awareness of the existence of elderly abuse laws and another is a pre-emptive strategy on the part of the elder by drafting his will beforehand in order to avoid the conflict of autonomy.
References
Canadian Center for Elder Law (2011). A Practical Guide to Elder Abuse and Neglect Law in Canada. Retrieved from http://www.bcli.org/sites/default/files/Practical_Guide_English_Rev_JULY_2011.pdf
Ensign, M. (n.d.). Ethical Issues and The Elderly: Guidance for Eldercare Provider. Retrieved from http://www.ensignlaw.com/Ethical%20Issues%20and%20Elderly.html
Mahoney. L. (2015). Exploring Ethical Challenges of Legal Services Working on Elder Abuse Issues. National Consumer Law Center Webinars on January 24, 2015. Retrieved from https://www.nclc.org/images/pdf/conferences_and_webinars/webinar_trainings/presentations/2014-2015/exploring-ethical-challenges-of-legal-services-working-on-elder-abuses-issues.pdf
Stiegel, L. (2014). Legal Issues Related to Elder Abuse: A Pocket Guide for Law Enforcement. American Bar Association Commission on Law and Aging 2014. Retrieved from https://www.bja.gov/Publications/ABA-ElderAbuseGuide.pdf
Teitelbaum J. & Pozgar G. (2015). Law, ethics, and policy in healthcare administration (Custom ed.). Burlington: Jones & Bartlett Learning.
Williams, M. (2007). The Ethical Challenges of Elder Abuse. Medscape Internal Medicine, Faculty and Disclosures. Retrieved from: http://www.medscape.org/viewarticle/532943
