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Transfer Trauma and the Courts

Published online by Cambridge University Press:  20 January 2021

George J. Annas
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Extract

There is a considerable literature on the phenomenon of “transfer trauma” — the suffering a person experiences from being involuntarily transferred from one nursing home to another. While the explication of transfer trauma remains the domain of researchers and those caring for nursing home patients, the issue has recently surfaced in a number of court opinions, and judges have been asked to assess the significance of transfer trauma in deciding whether or not nursing home patients have a right to a hearing before the facility is closed or decertified as a Medicare provider. Two such cases will be discussed in this column.

Type
Health Law Notes
Information
Nursing Law & Ethics , Volume 1 , Issue 9 , November 1980 , pp. 3 - 8
Copyright
Copyright © American Society of Law, Medicine and Ethics 1980

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References

1. Brede v. Director for the Dept. of Health for Hawaii, 616 F.2d 407 (9th Cir. 1980).Google Scholar
2. O'Bannon v. Town Court Nursing Center, 100 S. Ct., 48 USLW 4842 (1980).Google Scholar