HEALTH LAW

Case Study

Case Study

Introduction

The case study is about a nursing home where a caregiver abuses the elder women by treating them badly or disrespectfully. In this case study the caretaker is young around 20 years old, who targeted the frail and vulnerable older women in his care, and therefore, prosecuted and sentenced to four years in prison. Further, the psychiatrist treatment and doctors suggested that he had a 'deep seated hatred of women'.

There are many nursing homes in UK that have inadequate care givers for older people and violate or abuse them on the basis of age discrimination, gender discrimination, and many other reasons. Recognizing this, the legislative body has come up with different policy frameworks for the human rights of these older women, but unfortunately, there are still nursing care homes that do not follow these laws and violates the rights of older people, as exemplified in this case study. According to United Nations recent meeting, legislation provided for human rights of older people subject to violence, is not sufficient to reduce violence against older civilians and therefore, awareness raising initiatives are needed to be taken in order to change the attitude of society towards this issue. Further, there are several reasons associated with victims as well, for this continuing issue such as the reluctance of elder women to be involve in legal processes, way of defining the elder women abuse, inappropriate criminal prosecutions in certain cases, or the issues arising from the mental capabilities of some victims of elder abuse (UN Report, 2012, n.d). Thus, there is huge need for the development of such norms that can provide security to older people in nursing homes and they should be informed regarding their rights as well, which includes right to know about their treatment and medications, right to non-discrimination, right to security, informed consent, and the right to be free from torture or cruel, inhuman, or degrading treatment.

Discussion

Analysis of nursing home provision in England and Wales and process of admission

Nursing Home Provision in England and Wales

Since the last decade, the number of older people living in nursing homes in the United Kingdom has increased dramatically. The NHS and Community Care Act was introduced in last decade to encourage the growth of community based services provision for older people (Jacobs & Rummery, 2002, p.735-736).

The changes were made in health care policies in 20th century in UK, announced by the NHS Plan and National Service Framework (NSF) for older people indicates that government is now committed to invest millions in nursing services for older people, in order to free hospital beds by discharging patients for health care in nursing homes (Jacobs & Rummery, 2002, p.736).

In England and Wales the responsibility for provision of health services to older people in nursing homes is clear; all general nursing care for older people is provided by the home and covered by the home fees. The General Practitioners are responsible for providing general medical care to the older ...