Observations from the coalface protecting the rights of elder Australians
1. ‘Observations from the Coalface:
Protecting the rights of Elder Australians’
Delivered by Assoc. Professor Rosalie Hudson RN. Honorary Senior Fellow,
School of Nursing and Social Work, the University of Melbourne.
Consultant Educator, Palliative Care, Aged Care, Dementia and Spirituality.
Written by Catherine Henry
Principal, Catherine Henry Lawyers
Queensland Law Society
Succession and Elder Law Residential 2017
2. Aspects of care of the frail aged
giving rise to negligence litigation
against aged care facilities.
3. Many enquiries but none on quality of care
Review of National Aged Care Quality Regulatory
Processes (Federal)?? – Was due 29 September
440 submissions received
5. What are the worst types of adverse events?
Starvation and dehydration
Chemical and physical restraints
Poor security
Falls
Scalds
Assaults
Pressure sores
Abuse
6. Remedies available
Complain to Aged Care Complaints Scheme
Civil remedies – negligence/intentional tort
Little litigation in Australia
c.f. UK/US
7. Litigation Rare
Plenty of scope
Rare – PI Lawyers don’t chase
Residents unlikely to initiate
Relatively low quantum
Work is confronting
8. Why are these cases generally indefensible?
Pressure sores
Chemical restraint
Malnutrition/dehydration
9. Risks of litigation
Serious medical error –often systemic
Significant reform issue – staffing
Need for mandated staff/resident ratios
Inadequate staffing ratios serious preventable error
10. Increased interest in aged care litigation
Alliances – advocacy groups + lawyers
Growth of “elder law”
Role of litigation in improved care
11. Role of litigation
Improved patient care
Calling attention to serious problems
Deterrent effect
Economically driven patient safety strategies
12. Case Study 1:
Dementia patient – escaped – poor security
Fractured hip + pneumonia …death
No “falls risk assessment”
ACCS investigation – ineffective
Negligence claim
13. Case Study 2:
Family demands to know why father died of malnutrition
http://www.abc.net.au/lateline/content/2013/s3871658.htm
14. Case Study 3:
Substandard wound care
89 year old women
Staff had no training in wound management
Facility and GP both defendants
Infection progressed pneumonia death
15. For the future
Cases should be brought
Law is straightforward
Well prepared cases resolve
Facility and GP both defendants
Benefits of common law in maintaining
professional standards