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Difference between revisions of "The Need for Effective Remedies and Problem Resolution in Residential Care"

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:''Even in the best homes, there are bound to be complaints. If residents or their loved ones know how to complain and have their issues resolved, they are more likely to be happy with the care at the home than if they have difficulties in resolving the problem.   
:''Even in the best homes, there are bound to be complaints. If residents or their loved ones know how to complain and have their issues resolved, they are more likely to be happy with the care at the home than if they have difficulties in resolving the problem.   
::Jane Meadus, Institutional lawyer, ACE''
::- Jane Meadus, Institutional lawyer, ACE''([[Chapter Five Legal Issues in Residential Care References|1]])


This chapter identifies some of the legally recognized mechanisms available to address concerns or complaints in residential care facilities. These include residents’ rights statements, resident or family councils, the internal dispute resolution mechanisms for care facilities, as well as the tier of external processes within health systems and law to resolve problems. It highlights the scope of and barriers within the mechanisms, as well as existing protections or safeguards for the resident and others when reporting concerns.
This chapter identifies some of the legally recognized mechanisms available to address concerns or complaints in residential care facilities. These include residents’ rights statements, resident or family councils, the internal dispute resolution mechanisms for care facilities, as well as the tier of external processes within health systems and law to resolve problems. It highlights the scope of and barriers within the mechanisms, as well as existing protections or safeguards for the resident and others when reporting concerns.
   
   
The chapter briefly describes how these various legal complaint mechanisms function, as well as the adequacy of the information that health authorities provide about them. It explores residents’ rights in care facilities as a method for raising concerns and for interpreting issues. It also touches upon some administrative remedies (such as professional colleges and the care aide/ abuse registry), as well as civil and criminal law remedies. To a large extent, these will be general descriptions of the processes, as there can be important differences in the ways that specific health authorities approach these resources.
The chapter briefly describes how these various legal complaint mechanisms function, as well as the adequacy of the information that health authorities provide about them. ([[Chapter Five Legal Issues in Residential Care References|2]])It explores residents’ rights in care facilities as a method for raising concerns and for interpreting issues. It also touches upon some administrative remedies (such as professional colleges and the care aide/ abuse registry), as well as civil and criminal law remedies. To a large extent, these will be general descriptions of the processes, as there can be important differences in the ways that specific health authorities approach these resources.


When looking at resources and recourses for issues or problems that arise in residential care facilities, it will be important to be aware of:
When looking at resources and recourses for issues or problems that arise in residential care facilities, it will be important to be aware of:
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==The Need for Effective Remedies and Problem Resolution==
==The Need for Effective Remedies and Problem Resolution==


As a group, the people who live in British Columbia’s long term care facilities today are advanced in age, very frail, physically and mentally vulnerable. They are often socially isolated and will be dependent on others for their basic care.   For today’s resident perhaps more than almost any other group, timeliness and responsiveness are very important issues when it comes to addressing problems that may arise in a care facility.
As a group, the people who live in British Columbia’s long term care facilities today are advanced in age, very frail, physically and mentally vulnerable. They are often socially isolated and will be dependent on others for their basic care. ([[Chapter Five Legal Issues in Residential Care References|3]]) For today’s resident perhaps more than almost any other group, timeliness and responsiveness are very important issues when it comes to addressing problems that may arise in a care facility.


An increasingly high proportion of the residents will have cognitive impairments, but the degree of the impairment varies among residents. People who might be mentally incapable of making certain decisions, may still be quite capable of making others.  These can be important considerations in terms of  
An increasingly high proportion of the residents will have cognitive impairments, but the degree of the impairment varies among residents. People who might be mentally incapable of making certain decisions, may still be quite capable of making others.  These can be important considerations in terms of  
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:b)  how  we represent or advocate on behalf of the person or persons.
:b)  how  we represent or advocate on behalf of the person or persons.


It is generally recognized that people with dementia can be a high risk group in the community and in residential care. Some who experience harm while in care may be unable to recognize problems or  identify the staff  person, volunteer, family member or other resident causing the harm.   Residents who have cognitive impairments may have difficulty explaining a concern. If they do complain, they may not be believed because of their impairment.  Resident to resident harms may also occur in care facilities , sometimes because of the physical environment, unaddressed  conditions or as a result of  behaviours associated with delirium or dementia.
It is generally recognized that people with dementia can be a high risk group in the community and in residential care. ([[Chapter Five Legal Issues in Residential Care References|4]]) Some who experience harm while in care may be unable to recognize problems or  identify the staff  person, volunteer, family member or other resident causing the harm. Residents who have cognitive impairments may have difficulty explaining a concern. If they do complain, they may not be believed because of their impairment.  Resident to resident harms may also occur in care facilities , sometimes because of the physical environment, unaddressed  conditions or as a result of  behaviours associated with delirium or dementia. ([[Chapter Five Legal Issues in Residential Care References|5]])
    
    
When older adults move into residential care, they are commonly widowed and their social networks are often very small or non-existent.  Without an advocate to help address problems early on, the residents’ vulnerability to mistreatment or poor quality care is considered to be high.  
When older adults move into residential care, they are commonly widowed and their social networks are often very small or non-existent.  Without an advocate to help address problems early on, the residents’ vulnerability to mistreatment or poor quality care is considered to be high.  
Marisa Chandler
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