ATTENDING PHYSICIAN AUTHORITY

THE FOLLOWING LEGAL STUDY ARTICLE  POSTING IS INTENDED TO SUPPORT  AWARENESS AND UNDERSTANDING. IT IS ONLY A PRELIMINARY LEVEL LEGAL STUDY ARTICLE AND IT IS NOT LEGAL ADVICE.   IF THE READER SEEKS LEGAL ADVICE CONCERNING HIS OR HER PARTICULAR SITUATION, HE OR SHE SHOULD SEEK OUT AN ATTORNEY IN A LAWYER CLIENT RELATIONSHIP.

 

The Resident’s Attending Physician Is Responsible For The Medical Evaluation Of The Long Term Care Facility Resident And The Prescription Of A Planned Regimen Of Total Care For That Resident, Not The Medical Director, The Nurse Or The Administrator Of That Long Term Care Facility.

 

The Long Term Care Resident Shall Be Treated With Consideration, Respect And Full Recognition Of Dignity And Individuality, Including Privacy In Treatment And In Care For Necessary Personal And Social Needs.  When Able, The Resident Shall Participate In The Development and Review Of His Or Her Care Plan.

 

See 28 Pa. Code § 211.2. Physician Services

 

(a)  The attending physician shall be responsible for the medical evaluation of the resident and shall prescribe a planned regimen of total resident care.

See 28 Pa. Code § 211.2. Physician Services

 

(c)  A facility shall have a medical director….who is responsible for the overall coordination of the medical care in the facility to ensure the adequacy and appropriateness of the medical services provided to the residents….

(d)  The medical director’s responsibilities shall include at least the following:

(1)  Review of incidents and accidents that occur on the premises and addressing the health and safety hazards of the facility. The administrator shall be given appropriate information from the medical director to help insure a safe and sanitary environment for residents and personnel.

(2)  ….delineate the responsibilities of attending physicians.

See 28 Pa. Code § 211.11. Resident care plan.

(c)  A registered nurse shall be responsible for developing the nursing assessment portion of the resident care plan.

See 28 Pa. Code § 201.29. Resident rights.

(a) … the facility shall …., through the administrator, …..prohibit mistreatment and abuse of the resident.

See 28 Pa. Code § 211.11. Resident care plan

(a)  The facility shall designate an individual to be responsible for the coordination and implementation of a written resident care plan. This responsibility shall be included as part of the individual’s job description.

(b)  The individual responsible for the coordination and implementation of the resident care plan shall be part of the interdisciplinary team

See 28 Pa. Code § 201.29. Resident rights.

(j) The resident shall be treated with consideration, respect and full recognition of dignity and individuality, including privacy in treatment and in care for the necessary personal and social needs.

See 28 Pa. Code § 211.11. Resident care plan.

(e)  The resident, when able, shall participate in the development and review of the care plan.


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