Code of the Health and Disability Services Consumer Rights Breach

He claimed that a new shift system had caused at least one death and one unnecessary operation taking place, and said that he and a small number of consultants were overworked and patient safety and continuity of care were compromised. The claimant had told the Manchester hearing he raised his concerns about the new ‘Consultant of the Day’ system with the trust clinical director Mr Watson and then the trust medical director Mrs Schram; however, he was reprimanded and told not to voice concerns again. The consultant said he was then investigated over a series of ‘malicious, vexatious and frivolous’ allegations and ‘imaginary deaths and complications had been conjured up’ to create a case against him. He believed that the investigation and the process from the beginning was about punishment for raising his clinical concerns, and he argued that the investigation did not examining the veracity’ of the allegations against

2 The Privacy Act 1988 (Commonwealth) is the law that explains the professional, ethical obligations related to privacy and confidentiality,

One of the most critical factors which contribute to the number of preventable cases of healthcare harm is the culture of silence surrounding these cases. The fear of medical providers to report incidences is related to the possibility of punishment and liability due to a medical error (Discovery, 2010). The criminalization of some acts of medical error has resulted in job dismissal, criminal charges and jail time for some healthcare workers. This is despite the fact that the system they are working in helped to create the situation which led to the error in the first place. Human error, due to fatigue and system errors can result in deadly consequences, but by criminalizing the error it effectively shuts down the ability to correct the root problem. Healthcare workers, working at all levels within the medical system, can provide valuable input on how to improve the processes and prevent harm from occurring (Discovery, 2010).

Every health professional has a legal obligation to patients. Nurses as part of the health care team share an important role in the quality and safe delivery of patient care. They have the major responsibility for the development, implementation and continuous practice of policies and procedures of an organisation. It is therefore essential that every organization offer unwavering encouragement and resources to support their staff to perform their duty of care in every patient. On the other hand, high incidences of risk in the health care settings have created great concerns for healthcare organizations. Not only they have effects on patients, but also they project threat to the socioeconomic status. For this reason, it is expected that all health care professionals will engage with all elements of risk management to ensure quality and safe patient delivery. This paper will critically discuss three (3) episodes of care from the case study Health Care Complaints Commission [HCCC] v Jarrett [2013] Nursing and Midwifery Professional Standards Committee of New South Wales [NSWNMPSC] 3 in relation to Registered Nurse’s [RN] role as a leader in the health care team, application of clinical risk management [CRM] in health care domains, accountability in relation to clinical governance [CG], quality improvement and change management practices and the importance of continuing professional development in preparation for transition to the role of RN.

It is very common after adverse consequences or for actions not taken that lead to something seriously going wrong that someone has to take full responsibility and be held accountable. This idea in particular applies to health and care services where service user’s life and well-being can be seriously at stake. Carers must be responsible for the provisions that benefit service users than harm them and therefore they are accountable for what they do or omit to do. Accountability is clear list of tasks which failure to adhere to may result in penalties.

‘The providers had failed in its legal duty to notify the Care Quality Commission of serious incidents including injuries to patients or occasions when they had gone missing.’

Information Commissioner’s Office (2012) Introduction to The Data Protection Act 1998. [Online] Available from: http://www.ico.org.uk/~/media/documents/library/Corporate/Research_and_reports/ico_presentation_EVOC_20120528.ashx [Accessed: 11th October 2013]

* Processed in line with the rights of individuals - this includes the right to be informed of all the information held about them, to prevent processing of their personal information for marketing purposes, and to compensation if they can prove they have been damaged by a data controller's non-compliance with the Act.

National Health Service and Community Care Act 1990; Disability Discrimination Act 2005; Equality Act 2010; Disability Equality Duty 2006. Procedures and Polices of the organisational kind are; Department of Health 2001.

Therefore, in the event that health experts don 't have a clue about the significance of advancing hostile to unfair practice, they will probably oppress the administration clients and other staff at work. Healthcare suppliers ought to be aware of the dynamic advancement of hostile to biased practice so that the administration clients can get quality care at their own advantage. On the off chance that care suppliers don 't go along to work in a hostile to oppressive practice, administration clients will be not treated decently and their decisions would not be regarded or contemplated. On the off chance that the care associations don 't consent to advance a hostile to biased practice, administration clients will be ignored and disempowered and this can make the administration clients to feel useless as a person.

Principles of safeguarding and protection in health and social care HSC 024 2 3 26 31/05/2015 A/601/8574

Task 1Managing medical ethics is a fundamental part of a Manager’s role. It is the responsibility of the Manager to understand the guiding principles of medical ethics and apply them within the organisation

This essay will argue that the decision reached in Cattanach v Melchior [2003] was the correct one. Supporting this argument is the courts departure from the principles established in McFarlane v Tayside Health Board [1999].Additionally, Cattanach extends itself by attempting to address and give legal clarity to the idea of compensable harm in relation to negligence of medical practitioners. This has ultimately led to Cattanach establishing a positive framework, previously not recognised by the courts, to award damages for the torts of wrongful birth and wrongful life. Finally, the reaction to Cattanach on the judicial and executive branches of government have had significant impact on shaping public policy in relation to these complex issues.

Health care professionals are subject to a multitude of professional, legal, and ethical responsibilities which call for personal judgment to be utilized in such a manner as to protect clients as well as public wellness and interests. Overall considerations in handling such duties may be considered to be respect of a client’s autonomy, confidence, and recognition of obligations owed to all clients. While the aforementioned acts fall within the professional realm, there are also legal implications that guide care. Therefore, it can be said that ethical considerations occur in observation of legal responsibilities. Confidential information is perceived as private facts which are disclosed with the

However, as time went on, several problems arose which had to do with the principle of justice in healthcare. In America, it is the accepted norm that it is unjust to treat one person better or worse than another person, in similar circumstances (Tong, 2007, p.29). In an attempt