Do Concerns About Legal Liability Impair Nursing Home Culture Change?

As a transformative movement in long-term care, "Culture Change" in the nursing home industry originated in 1997. In an article appearing in the October 2013 issue (Vol. 53, No. 5) of The Gerontologist, Professor Marshall B. Kapp (Florida State) contends that progress has been episodic and slow, in part because of "apprehension by staff, administrators, and governing boards about potential civil (tort) liability and regulatory exposure if residents suffer injuries that might arguably be attributed to facility conditions or policies that were inspired and encouraged by the culture change movement."

In "Nursing Home Culture Change: Legal Apprehensions and Opportunities," Professor Kapp uses the history of changes to dietary standards for meal service in nursing homes to illustrate his thesis.  He urges specific strategies, including education of staff, residents and families, to promote positive innovations and ameliorate anxiety about legal consequences of change.