Case Study

Duty of care is a requirement to exercise a reasonable degree of attention and caution to avoid negligence which would lead others to harm. You need to be aware of the surrounds at all time and check if there are any hazards which could be harmful.

Duty of Care: best interest; defensible decision making; contextualising behaviour; identification of positive and negative risks

2.2 Describe how to manage risks associated with conflicts or dilemmas between an individual’s rights and duty of care

Assignment 304 Principles for implementing duty of care in health , social care or children's and young people's settings

A duty of care is a legal obligation imposed on an individual requiring that they adhere to a standard of reasonable care while performing any acts that could foreseeable harm others. A definition from Wikipedia

In certain situations, a duty of care is owed to another person. For example, a surgeon owes a duty of care to whoever they operate on. The existence of a duty of care is established by the Neighbour Test which was brought in by Lord Aitken after the Donoghue v Stevenson case;

2.2 Describe how to manage risks associated with conflicts or dilemmas between an individual’s rights and the duty of care.

1.1 Explain what is means to have a duty of care in own work role

Principles for implementing duty of care in health, social care or children 's and young people 's settings

This is a requirement that a person acts towards others and the public with the watchfulness, attention, caution and prudence that a reasonable person in the circumstances would use. If a person 's actions do not meet this standard of care, then their actions may be considered negligent, and any damages resulting may be claimed in a lawsuit for negligence. Professional workers owe a specific duty of care to all vulnerable people with whom they work. The standard of conduct and behaviour expected of people in their professional role is higher than for other people because of the professional training they have received and the level of responsibility they assume.

Duty is the responsibility that a doctor has to a patient. A patient has to prove that a

1.1 Explain what it means to have a duty of care in your own work role

‘“Occupier of the premises (defendant) owes the same duty of care, the common duty of care to all visitors”

"The rule that you are to love your neighbour becomes in law, you must not injure your neighbour; and the lawyer's question, Who is my neighbour? receives a restricted reply. You must take reasonable care to avoid acts or omissions which you can reasonably foresee

Establishing whether not the current case is analogous to cases in which a duty of care already been determine. For instance the category of which duty of care has been held not to exist. The law justifies all these through the word responsibility. Everyone has a responsibility for their actions. This same word, responsibility, is also used to justify strict and vicarious liability. Parents, guardians, employers and other similar persons are responsible for their wards and employees. I think this is also a balancing of the scale. Due to circumstances such as incapacity in law of inability to pay, the injured party may be