Section 48 Of The Wrongs Act 1958 ( Vic )

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

Describe how the duty of care affects your own work role. Give an example where you have carried out duty of care with the

Duty of care is a requirement that all health and social care professionals, and organisations providing health and care services, must put the interests of the people who use their service first. They also have to do everything in their power to keep people safe of any harm, neglect or risk. As an individual healthcare worker you owe a duty of care to your service users, your colleagues, your employer, yourself and the public interest. All duty of care is described I Code of Practice. Duty of care means that you must aim to provide high quality care to the best of your ability. If for any reason you can’t do this then you must say so. You must adhere to a standard of reasonable care and you are expected to:

A duty of care is the requirement that all health and social care professionals, and organisations providing health and care services, must put the interests of the people who use their services first. They also have to do everything in their power to keep people safe from harm. People have a right to expect that when a professional is providing support, they will be kept safe and not be neglected or exposed to any unnecessary risks. The expression is that we ‘owe’ a duty of care to the people we work with. ‘Owe’ is a useful word to describe the nature of the duty of care because it is just like a debt. It is something that you must pay as a part of choosing to become a

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

There are two common factors that must exist before the law says a duty of care exists, which are

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

UNIT 5 - INTRODUCTION TO DUTY OF CARE IN HEALTH, SOCIAL CARE OR CHILDREN’S AND YOUNG PEOPLE’S SETTINGS ASSIGNMENT OVERVIEW In this assignment, you will demonstrate your understanding of what is meant by the term ‘duty of care’. You will consider the types of dilemma that you may arise in adult social care work, and find out where to get advice and support to handle these. You will look at how to respond to complaints, making sure you know and follow agreed procedures. TASKS There are three tasks to this assignment. TASK 1 2 3 TASK 1 1. Identify the following requirements when dealing with complaints. • Legal EVIDENCE Short answer questions Letter Case studies OUTCOMES 3.1, 3.2 1.1, 1.2 2.1, 2.2

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;

Unit 4222-304 Principles for implementing duty of care in health, social care or children’s and young people’s settings.

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

Duty of care means that we always need to provide the highest level of care which is reasonable in circumstances. We need to keep individuals safe, free of harm, give them choices and higher their potential by promoting their independence. During work we always have to make sure that all the equipment is working properly and was checked regularly. We must make sure the area of work is free from any dangerous or hazard for example during hoisting and moving. We also always need to wear proper uniform and footwear. We must report anything what seems to be unsafe or

To find out whether the respondents breach their duty of care or not, it turns on 5B of the Civil Liability Act 2002 (NSW) which provides that: A person is not unless the risk was foreseeable or the risk was not insignificant or a reasonable person in the person’s position would have

Before 1932 there was no generalised duty of care in negligence. The tort did exist and was applied in particular situations where the courts had decided that a duty should be owed, eg, road accidents, bailments or dangerous goods. In Donoghue v Stevenson [1932] AC 562, Lord Atkin attempted to lay down a general principle which would cover all the circumstances where the courts had already held that there could be liability for negligence. He said:

“In the majority of cases that come before the courts, whether the defendant owes the plaintiff a duty of care can be determined from precedent created by earlier cases; for example manufacturers of goods owe a duty of care to consumers, motorist owe a duty of care to other road users, boat captains owe a duty of care to their passengers, teacher owe a duty of care to their students, occupier owe a duty of care to persons who come on to their property. . (Andy Gibson, Douglas Fraser, Business Law 5th edition, Pearson 2011 page No.165, 166 and 169).”