Health Law : Health And Disability Essay

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Health law The first port of call for all complaints regarding breaches of the Health and Disability Commissioner (Code of Health and Disability Services Consumers ' Rights) Regulation 1996 (the Code) is the Health and Disability Commissioner (the Commissioner) (Diesfeld & Godbold, 2009). In this scenario, the consumer can complain about a breach of Right 4 of the Code as he did not receive care of an appropriate standard. Recently, the HDC investigated another case of incorrect tooth extraction (15HDC01402), and found that the dentist breach Right 4 of the Code by not “providing services with reasonable care and skill”. The Commissioner is an autonomous ombudsman, appointed under the Health and Disability Commissioner Act 1994 (HDCA) to investigate all complaints regarding possible breaches of the Code by healthcare providers (Peart & Jing Bao, 2015). This includes services by registered or unregistered professions or any health care provider as defined in HDCA 1994, s 3. If a breach is found, the Commissioner may refer this to the Director of Proceedings (DOP) for further action (Baker, 2008). The Commissioner employs the DOP; however, the DOP acts independently of the Commissioner (Baker, 2008). In this scenario, the practitioner is a member of a registered profession (dentistry) under the Health Practitioners Competence Assurance Act 2003 (HPCAA). As such, the DOP may choose to bring proceedings before the Human Rights Review Tribunal (HRRT) and/or the Health
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