Know How Legislation and Policies Are Relevant to Positive Risk Taking

that no learner or employee receives less favourable treatment on grounds not relevant to good practice. Therefore employees and learners must not harass or intimidate other employees and learners on the grounds of race or sex, disability or sexual orientation. Data Protection Data protection Act 1998 gives people the right to access information held about them. The organisation I work for is registered with the Data protection registrar and they are required to only store information for the purpose of the NVQ training. Information cannot be shared with a third party. If it is essential that vital information is needed by a third party, this is only shared if the individual has given their consent. The information held for learners and employees are not excessive but just the correct information required. Data is updated regularly if learners or employees change address, phone numbers etc. Records on individual learning are also updated regularly. Data are not kept longer than necessary. Data are also kept within confidential measures e.g. computers have password to avoid them accessed by intruders, paperwork are filed away in locked cabinets.

Negligence is a complex term including advertent and inadvertent acts and omissions where there has been a failure to take reasonable care to prevent loss, damage or injury to others whom they could reasonably have foreseen might have been injured if that care was not taken. (Pentony at al. 2011)

Negligence, failure to take reasonable care to avoid causing an accident or loss to another person. A colleague who is supposed to carry a patient from one ward to another was rather talking to someone on his way and crashed into some one. This

A defendant will only be held liable, in negligence, ‘in circumstances where the law imposes a duty of such care.’ The occupier of a premises owes a duty of care to ‘take reasonable care for the safety’ of all entrants and is said to be any person who exercises

It is often argued that by promoting high standards of care, strict liability protects the liberty of the public from dangerous practices. Barbara Wootton (Crime and Criminal Law:

Negligence is the failure to use such care as a reasonably prudent and careful person would use under similar circumstances.It is the most commonly asserted cause of action in the United States. It is conduct below that which society considers reasonable. When such unreasonable conduct is the proximate cause of injury to another person or his property, the actor may be liable in tort for negligence.Generally, negligence laws exist as a non-criminal regulator of conduct in society. Those individuals whose conduct falls below the required minimum standard of care may be liable for the resulting bodily injury, including death, and property damage.

Negligence refers to any cause of any action or omission, where a person may assert a civil tort case and claim against another individual. Anyone that files a negligence lawsuit will need to prove four elements to negligence, in a court of law. If the plaintiff is successful in proving their case, then the judge will award damages.

In any given case, if a reasonable man could have foreseen the consequences then a duty of care may be owed; whether it has actually arisen or not depends on the facts. The duty may be restricted or ignored completely in the following circumstances.

Negligence is defined as the failure to exercise reasonable care to avoid injuring others or the property belonging to others. This would be if somebody does not exercise the amount of care that a reasonable careful person would use under the circumstances or somebody does something that a reasonably careful person would not do under the circumstances. Fault is essential in a negligence tort and is determined by basic elements. In negligence action there

Every health professional has a duty of care to patients. Specifically, it is nurses who play an important role in quality and safe delivery of patient care. They have the major responsibility for the implementation of policies and procedures in an organisation. Thus, it is essential that all organisations support their staff from all levels of care to deliver the best service in every patient. In addition, every organization is required to offer unwavering encouragement and resources to support staff to perform their duty of care to the best of their ability. The high incidence of risk in the health care settings such as adverse events, near misses, errors, and other clinical incidents have created great concerns for healthcare organizations. Not only they have effects on patients, but also they have showed significant impact on socioeconomic status. For this reason, it is expected that all health care professionals will engage in all elements of risk management to ensure that there is delivery of quality and safe patient care. 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

Consequently this lead to research into risk, being adopted through an ‘artefact’ approach, framing risk as a static, objective reality pliable to measurement and probabilistic calculations (Horlick-Jones, 1998). Within the social world this has been

Duty of care is the legal obligation of person or organization to take reasonable care and measures to avoid any behaviours or omissions that could foreseeably harm others. Originally, foreseeability is the element appeared to be the sole determinant of duty of care and it was developed by the ‘neighbour’ principle – Donoghue v Stevenson. However, currently three-stage approach from Caparo Industries plc v Dickman is the latest test, which consist of foresight, proximity as well as fair and reasonable.

A duty of care is a persons’ responsibility to avoid acts that could be likely to cause harm to others. The onus is on the plaintiff to show that the defendant owes them a duty of care.

As I was saying, negligence is the breach of a legal duty to take care, resulting in damage to the claimant which was not desired by the defendant. A successful negligence suit must have three elements present.

Risk management is the term applied to a logical and systematic method of establishing the context, identifying, analyzing, evaluating, treating, monitoring and communicating risks associated with any activity, function or process in a way that will enable organizations to minimize losses and maximize opportunities. (Lecture notes)Risk Management is also described as 'all the things you need to do to make the future sufficiently certain'. (The NZ Society for Risk Management, 2001)