Chapter Four Legal Issues in Residential Care References: Difference between revisions
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Chapter Four Legal Issues in Residential Care References (view source)
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(Created page with "{{DEMOWARNING}} {{Legal Issues in Residential Care: An Advocate's Manual TOC}} ==References== #Resident Bill of Rights, s. 1. #Residential Care Regulations. B.C. Reg. 96/200...") |
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#RCR, s. 50 (1) and (2). | #RCR, s. 50 (1) and (2). | ||
#RCR, s. 50 (1) and (2). | #RCR, s. 50 (1) and (2). | ||
#This has consistently been shown in British Columbia, across Canada and the United States. See for example: Alamgir, H., Yu, S., Chavoshi, N. & Ngan, K. (2008). Occupational injury among full-time, part-time and casual health care workers. Occupational Medicine, 58(5), Pg. 348-354. | #This has consistently been shown in British Columbia, across Canada and the United States. See for example: Alamgir, H., Yu, S., Chavoshi, N. & Ngan, K. (2008). Occupational injury among full-time, part-time and casual health care workers. Occupational Medicine, 58(5), Pg. 348-354.Also: MacPhail, F. & Bowles, P. (August 2008). Improving the economic security of casual workers in BC. Canadian Centre for Policy Alternatives. Online: http://www.policyalternatives.ca/sites/default/files/uploads/publications/BC_Office_Pubs/bc_2008/CCPA_casual_workers_full.pdf (Last accessed May 1, 2014). | ||
#Ombuds Best of Care, pg. 254-6. | |||
#RCR, s. 42 (1). | |||
#McGregor, M.J., Tate, R.B. Ronald, L.R. McGrail, K. M. et al. (2010). Trends in long-term care staffing by facility ownership in British Columbia, 1996 to 2006. Health Reports, 21 (4), Statistics Canada. Cat. 82-0003 X. | |||
#RCR, s. 42 (2). | |||
#RCR, 42 (3). | |||
#See for example, BC Coroner Services, Eldon Mooney. | |||
#RCR, s. 9. | |||
#Ombuds, Best of Care, Finding 137, Recommendation 169. | |||
#Cornish, M. & Pickel, J. (November 2007). Legal opinion: validity of continence care practices and policies in long term care homes. Online http://ofl.ca/wp-content/uploads/2007.11.19-Report-LongTermCare.pdf ( Last accessed May 1, 2014) [ “Cornish & Pickel”] | |||
#Ombuds, Best of Care, p. 259. | |||
#Cornish & Pickel. | |||
#Ombuds, Best of Care. | |||
#See: Ministry of Health. Community Care Facilities Licensing Branch. Choosing a care facility or home guide. Online: http://www.health.gov.bc.ca/ccf/publications/com031.pdf (Last accessed May 1, 2014).Also: Vancouver Coastal Health (June 2013). Information on residential care. Online: http://www.vch.ca/media/Introduction-to-Residential-Care-Handbook-June-2013.pdf ( Last accessed May 1, 2014). | |||
#Some falls may occur as a result of resident conflict (a resident being pushed by another resident) | |||
#Capezuti, E., Evans, L., Strumpf, N., & Maislin, G. (June, 1996). Physical restraint use and falls in nursing home residents. Journal of American Geriatrics Society, 44(6), 627-33. | |||
#Luo, H., Lin, M., & Castle, N. (Feb. 2011). Physical restraint use and falls in nursing homes: a comparison between residents with and without dementia. American Journal of Alzheimer’s Disease and Other Dementias, 26(1), p. 44-50. Also: Tang, W., Chow, Y., & Koh, S. (2012). The effectiveness of physical restraints in reducing falls among adults in acute care hospitals and nursing homes: a systematic review. JBI Library of Systematic Reviews, 10(5), 307 – 351. | |||
#Iyer, P.W. (ed.) (2006). Nursing Home Litigation: Investigation and Case Preparation. (2nd. Ed.) Lawyers & Judges Publishing Company, pg. 372. | |||
#Law Reform Commission of Saskatchewan, pg. 2. | |||
#Criminal Code of Canada, R.S., 1985, c. C-46 s. 279 (2). s. 279 Forcible confinement… | |||
##Every one who, without lawful authority, confines, imprisons or forcibly seizes another person is guilty of | |||
###(a) an indictable offence and liable to imprisonment for a term not exceeding ten years; or | |||
###(b) an offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen months. Non-resistance | |||
##(3) In proceedings under this section, the fact that the person in relation to whom the offence is alleged to have been committed did not resist is not a defence unless the accused proves that the failure to resist was not caused by threats, duress, force or exhibition of force. | |||
{{REVIEWED | reviewer = BC Centre for Elder Advocacy and Support, June 2014}} | {{REVIEWED | reviewer = BC Centre for Elder Advocacy and Support, June 2014}} | ||
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