Elder Law

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Handouts/Brochure

Speaker

Lois A Fenner-McBride, RN, MS, JD Related seminars and products

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Lois A. Fenner McBride, RN, MS, JD, 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 Lawyers 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.

Nurse-Attorney Fenner’s law practice today focuses on medical/healthcare litigation and consulting including medical malpractice, licensure, credentialing, administrative and litigation matters. She is a dynamic speaker with a realistic hands-on approach to resolving issues and minimizing risks for patients, clients and health care professionals.

 

Speaker Disclosures:
Financial: Lois Fenner maintains a private practice. She receives compensation as a Nurse Attorney, Consultant, Educator-Lecturer, and Nurse Clinical Specialist. Lois Fenner receives a speaking honorarium and recording royalties from PESI, Inc. She has no relevant financial relationships with ineligible organizations.
Non-financial: Lois Fenner is a member of the Maryland Bar Association, the American Nurse-Attorney Association, the American Bar Association, and others. For a complete list, please contact info@pesi.com.

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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

• Registered Nurses
• Nurse Practitioners
• Clinical Nurse Specialists
• Physician Assistants
• Physical Therapists
• Physical Thearpist Assistants
• Occupational Therapists
• Occupational Thearpist Assistants
• Speech-Language Pathologists
• Social Workers
• Counselors
• Nursing Home Administrators