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Legal Analysis Applicable Law . Present applicable law and briefly describe how these laws relate to the problem (Does current law help, but not enough?

Legal Analysis

  • Applicable Law. Present applicable law and briefly describe how these laws relate to the problem (Does current law help, but not enough? Does it exacerbate the problem? How?)
  • Analyze each aspect of the problem according to applicable law. Present law in support of your position, being sure to cite precedential law. Present and distinguish law that does not support your position.

The public health problem of elder falls in ALFs and nursing homes, why it's a problem, and how it happens (workforce issues, facility issues, etc.).

Section 1 Topic: Legal Duties and Responsibilities

Healthcare facilities are legally obligated to provide a safe environment for their residents or patients. This duty has taken appropriate steps to prevent all incidents and promptly report any that occur. Federal and state regulations often mandate specific protocols for incident reporting, including the timeline within which incidents must be documented.

Overview of Applicable Laws and Regulation

Negligence in Reporting Falls

Duty of Care

Section 2: Legal Implication of Staff Negligence

Failure to report falls can have significant legal consequences for the healthcare facility and Staff.

Clivi liability

Fines and penalties

Criminal charges

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