Lois A. Fenner-McBride – Elder Law: Advanced Care Planning, Elder Abuse & Professional Malpractice

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Exploring the Essential Features of “Lois A. Fenner-McBride – Elder Law: Advanced Care Planning, Elder Abuse & Professional Malpractice”

Speaker:Lois A Fenner-McBride, RN, MS, JD, Attorney at Law

Duration:2 Hours 07 Minutes

Format:Audio and Video

Copyright:Jul 27, 2023  

Media Type:Digital Seminar

Description

The expansion of our geriatric population requires health care professionals to be aware of legal issues relevant to an aging population. This session identifies various types of advanced care planning. Elder abuse and neglect occur daily. This session discusses types of abuse, appropriate interventions, and regulatory requirements to prevent and minimize harm. Case studies with specific examples are incorporated to provide you with “hands on” strategies for implementing safe, effective, legal, and ethical care for our elderly patients. 

Speaker

Lois A. Fenner McBride, RN, MS, JD, Attorney at Law, is an honor’s graduate of the University of Maryland Graduate School of Nursing, Undergraduate School of Nursing, and University of Maryland Francis King Carey School of Law. She is an attorney admitted to practice before the Supreme Court of the United States, the Federal Bar and the Maryland Bar. Nurse-Attorney Fenner is a compact licensed registered nurse and a certified clinical nurse specialist.

She is a founding member of The American Association of Nurse Attorneys, past president of the Monumental Bar Association, a member of the Women’s Bar Association, and the Trial Lawyer’s Association. Nurse-Attorney Fenner has been recognized by the Alliance of Black Women Attorneys with the Distinguished Women in Law award and has been recognized as a Baltimore Business Journal’s Who’s Who in Law, with a selection as a Super Lawyer twice. Her law practice focuses on medical/healthcare litigation and consulting including medical malpractice, personal injury, accreditation, human resources, wrongful death, risk management, credentialing and professional boards/licensure.

Speaker Disclosures:

Financial: Lois Fenner McBride receives compensation as a Nurse Attorney, HR Consultant, and Educator-Lecturer. She receives a speaking honorarium and recording royalties from PESI, Inc. She has no relevant financial relationships with ineligible organizations.
Non-financial: Lois Fenner McBride is a member of the Maryland State Bar Association, The American Nurse-Attorney Association, and the American Bar Association.

Objectives

1. Explain the difference between legal and medical competency. 
2. Differentiate between an advance directive/ durable health care proxy, a durable power of attorney and a will. 
3. Identify what constitutes geriatric abuse and the reporting regulations. 
4. Define the elements of professional negligence/malpractice and the consequences of liability. 

Outline

Advanced Care Planning 

• Medical competency 
• Legal competency 
• Contractual agreements 
• Power of attorney 
• Durable power of attorney 
• Advance directives/living will/health care proxy/durable power of attorney for health care 
• Guardianships- person/property 
• Wills/Trusts 

Elder Abuse 

• Physical 
• Psychological/emotional 
• Sexual  
• Financial or material exploitation 
• Confinement 
• Passive and active neglect 
• Willful deprivation 

Regulatory requirements 

• Statutory – Duty to report (reasonable belief/slander/libel) 
• Licensure – fines, probation, suspension, or revocation and Rehabilitation Committee 

Professional negligence/malpractice 

• Duty or standard of care – reasonable medical certainty/probability 
• Breach of duty or standard of care 
• Proximate cause/foreseeability 
• Consequences of liability – Injury/Damages – compensatory, emotional distress/pain and suffering, and punitive 
• Defenses – failure to meet burden of proof for all required elements, statute of limitations, contributory negligence, comparative negligence, and
• Good Samaritan Immunity 

Target Audience

• Nurse Practitioners
• Advance Practice Registered Nurses
• Nurses
• Physician Assistants
• Occupational Therapists
• Physical Therapists
• Speech Language Pathologists
• Nursing Home Administrators
• Social Workers

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