Principles for Implementin Duty of Care in Health and Social Care

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

1.1 Explain how legislation, frameworks, codes of practise and policies relating to positive behaviour support are applied to own working practise.

I. Have in place and follow a policy and procedures to promote equality of opportunity for children within my care

It is essential to manage risks associated with conflicts or dilemmas between an individual’s rights and duty of care by finding a level of balance. It is important that the care giver put personal feelings aside and look objectively at the situation. The right action should always be taken even if emotionally this is hard to do.

Legislation and codes of practice relating to equality, diversity and discrimination are foundations of my work role. It is like a stick of rock. Without ensuring that each individual has a safe, secure and nurturing environment in which to explore, develop and learn then I might as well give up. Every individual has the right not to be discriminated against and it is my job to ensure I am a positive role model.

2.2 Reflect on a real work situation where you have challenged discrimination and exclusion in policy and practice

Other situations that could arise could be around a young adult not wanting to take their medication but not understanding the importance of the medication and the consequences of not taking it, if it is for something like epilepsy or depression.

An example would be when an elderly patient live by themselves, but is not yet safe to be by themselves in their home and a family member agrees to let the patient stay with them. The social worker as well as the physician clears them to be discharged and within a few days to weeks the patient is readmitted due to a post op infection, pneumonia, or a disease exacerbation. There are many reasons why this may occur and some can be prevented. Some of which are the family member who believed they could handle caring for the patient could not balance their work and family live and then care for their elderly loved one who needed care. Patients and families need to be responsible and held accountable to follow through with the care that is said to be provided or allow for the recommendation such as a short term rehabilitations stay to regain strength and safety in some cases. “Advocates for hospital patients and their families say confusion about who is managing a patient’s care – and lack of coordination among those caregivers – are endemic, contributing to the estimated 44,000 to 98,000 deaths from medical errors each year” (Holly, 2014). If patients and family members have questions they need to be addressed priot to discharge. In having a discharge coordinator or a follow nurse triage call when the patient or family gets home with questions they are able to

It is important for healthcare workers to give critical attention to legal and ethical aspects associated with the delivery of health and social care. Worth noting is the fact that the priority of health care workers is to ensure that they deliver quality care to patients with different illnesses. However, the nursing practice may place one in an ethical dilemma. When handling some patients, health care workers may face difficulties in determining the right options that they should take in order to help the patient and maximise the quality of care. In such cases, health care workers rely on their knowledge concerning both the legal and ethical aspects defining the nursing profession. When handling patients suffering from terminal illnesses, it is the role of health care workers to ensure that a patient can successfully manage the condition, experience reduced pain and approach the end of life stages with a positive outlook. Although it is the intention of the health care workers to help such patients, complications may occur because of the choices made by the patients. The case of a male patient who is 55 years old and chose to decline to adopt the advice and the equipment advised by health care workers presents an ethical dilemma. This paper will discuss Brian’s case study in detail, evaluating and analysing the case study and presenting a final ethical

For example, maintaining up-to-date policies and providing anti-discrimination training to staff demonstrating an active commitment on the part of the employer towards combating discriminatory practices in the workplace.

There are also policies to prevent harassment and bullying and promote workplace

In terms of legal issues in this case study, there are many legally inadequate issues. Nurses have a responsibility to provide a reasonable standard of care to patients to protect the patients from harm and its risks (Atkins, Britton & De Lacey 2014, p. 117). This responsibility is called as duty of care and if nurses cannot fulfil the responsibility, it is legally inappropriate. Breaching duty of care is known

This refers to the obligation to take responsible care to avoid injury or harm to a client whom, it can be reasonably predicted, might be injured by an oversight or negligence. A duty of care exists when someone’s actions could reasonably be expected to affect other people. If someone is relying on you to be careful, and under the circumstances, that is reasonable, then it will generally be considered that you owe them a duty of care. A counsellor will need to be clear about exactly what the nature of the care or support is that they are providing, and on which the client is relying. Failure to implement care in that situation may lead to predictable injury that could have been avoided if due care

A Duty of Care – ‘An Obligation imposed on a person to take reasonable care to ensure that they do not cause another person to suffer harm. Duty is frequently determined by reference to established categories, for example, doctors to patients: ; 109 ALR 62. When in doubt, there is no settled methodology for establishing duty of care

Duty of care means you are the main person responsibly for caring for the individual, these people may fall into categories like too young/old, too ill, unfit mentally to care for themselves. A lot of the time it does involve you taking their best interest and making judgements or action that will benefit them or you would do it because you have their best interests in mind, and assisting the person's mental, hygiene or physical needs in a way which will not be detrimental to the health or safety of that individual.