Introduction
Dementia is defined as a neurocognitive disorder that greatly impacts the growing population and legal matters. It results in maladaptive changes which are both psychological and physiological in nature. With the growth in population, the prevalence of dementia cases and litigation associated to it is anticipated to rise. This article seeks to understand the medical related legal problems of dementia, the case handling outline, and how patient’s files analysis can assist lawyers in resolving these issues.
The Growing Concern
Demographics and Prevalence
• Aging Population: As per US Census Bureau, people above the age of 65 will constitute 20% of the population by the year 2030. This increase will add individuals prone to dementia.
• Present Figures: Approximately 6.5 million people in the United States have dementia. That number is poised to grow dramatically in the years to come.
• Global Scenario: As researches suggest, there are currently 55 million people with dementia which will increase to 150 million people by the year 2050
Types of Dementia
• Alzheimer’s Disease: The most prolific form of Dementia that constitutes 60-80% of all cases.
• Vascular Dementia: This subtype of dementia is typically caused by strokes and is commonly associated with diabetes because it hinders blood circulation to the brain
• Lewy Body Dementia: Abnormal protein deposits within the brain cause cognitive and motor movements to regress.
Legal Implications of Dementia
Competency and Decision-Making
• Testamentary Capacity: People suffering with dementia are unable to comprehend the impact of their wills and trusts.
• Undue Influence: People who are easily manipulated raise issues concerning the legitimacy of their choices.
Medical Malpractice and Negligence
• Standard of care: The treatment rendered to a person suffering with dementia must meet a certain level or else the provider faces malpractice suits.
• Elder abuse: People suffering from dementia, whether in a nursing home or at home, face abuse, which requires legal intervention to prevent.
The Role of Medical Records Review
Importance of Medical Records
• Evidence of competency: Medical records shed light on the patient’s mental capacity as well as their treatment history.
• Linking symptoms to legal claims: A review provides a way of supporting the allegation of negligence against the patient’s condition.
Process of Medical Records Review
- Collection: Gathering all relevant medical documents, including treatment notes, diagnostic tests, and prescriptions.
- Analysis: Evaluating the records for inconsistencies, missed diagnoses, or inadequate care.
- Collaboration with Attorneys: Working closely with legal teams to build a robust case based on the findings.
Current Trends and Statistics (2024)
• Case Expansion: The volume of lawsuits is growing proportionately with the increase in dementia cases and will require more legal practitioners to focus on the matter.
• Policy Changes: There are new efforts being made to create additional laws for the protection of at risk groups, including people suffering from dementia.
Case Studies
Case Study 1: Medical Malpractice in a Nursing Home
• Overview: A dementia-afflicted elderly patient fell while a resident of the nursing home as a result of actual supervision.
• Challenges: Proving negligence of the nursing home from the claims made claiming the patient’s obtundation.
• Solutions: A review of the medical files suggests that there is neglect in care of the patient and that there is also no proper training of staff.
Case Study 2: Undue Influence in Estate Planning
• Overview: A demented woman aged in her 60s changed her will within weeks of death in favor of a non-family member.
• Challenges: Supporting her claim on changing her will under duress instead of willingly.
• Solutions: Her medical history described her having diminished faculties. Friends stated that she was easily manipulated.
• Compensation: The court seems to be ruling in favor of the original will, much to the displeasure of the new will.
Conclusion
Dementia’s medical-legal implications must be understood by attorneys working on cases related to this condition. Legal practitioners can build stronger dementia cases with a review of an interdisciplinary approach case. As dementia increases, the need for documentation and collaboration with the experts has never been greater. This helps secure justice for the affected, but has the greater purpose of ensuring the integrity of the legal system.
