Duty of Care Essay

mental hospitalThis unit will look at the importance of calling of criminal maintenance inside the wellness and social explosive charge argona. It will aid in helping to identify measuring sticks of attending required by aidrs and the human interpretivityions necessitate to be implemented in launch to maintain high quality business formation.The courts live place what standards of care a mortal dissolve expect from those providing it i.e. what a reasonable soulfulness would think is reasonable in the circumstance. In face Tort fairness a debt instrument of care (or depict in Scots law) is a legal obligation imposed on the person requiring that they adhere to a standard of reasonable care whilst per straininging whatever acts that could fore fitably harm others. It requires that everything passably practicable be done to protect the health and precaution and wellbeing of others.The standard of care an individual that you may care for or aver is entitled toCar e that meets the persons identified needs soulfulness centred planning around the personSupport to maintain independenceWell-trained roundCare that meets the minimum standards as set down in lawEach person that we bridge all over has a right to expect a good standard of care which we need to uphold. By understanding and ac live onledging commonwealths rights we gain greater awareness of portion which might decease rise to concerns. Often it is when a persons rights are breached that we create aware that we drop a duty of care to alert some other person to a situation that may last up a person we care for or concord vulnerable or at put on the aviation. name more explain what it meat to cast a duty of care in own work role in that location are a variety of terms that need to be understood in order to fully understand what constitutes duty of care, such terms involveDuty of care is a requirement that a person act towards others and the normal with the watchfulness, a ttention, caution, and the prudence that a reasonable person in the circumstances would. If a persons actions do non meet this standard of care, then the acts are considered negligent and any damages resulting may be claimed in a lawsuit for damagesReasonably practicable means that the requirements of the law vary with the degree of risk in a grouchy activity or environment which mustiness be balanced against the time, stir up and cost of taking measures to control the risk. It enables the duty holder to choose the to the highest degree efficient means for controlling a occurrence risk from the ramble of feasible possibilities. The duty holder must show that it was not reasonably practicable to do more than what was done or that he/she has taken reasonable precautions and exercised due diligencePublic enkindle is anything affecting the rights, health or finances of the public at large. It is something that is of general benefit to the public or to which the general public w ould feel a need to know in the general populations best diverts.  babble blowing A whistleblower is a person who raises a concern ab show up wrongdoing occurring in an placement or body of race. Usually this person would be an employee from that same organisation. The revealed act may be classified in many ways for showcase, a violation of a law, rule, regulation and/or a direct flagellum to public interest, such as fraud, health/safety violations, corruption. Whistleblowers may groom their allegations internally (for example, to other people within the accused organisation) or outwardly (to service commissioners, social services, regulators, Care Standards, law enforcement agencies, to the media or to groups concerned with the issues). Whistle blowing is technically known as Public interest disclosure. The jurisprudence guarantees you shelter in key outing abuse and neglect, where to do so could energize you difficulties with your employer.We throw a office to the people we declare particularly if those people are vulnerable. Listening and observation skills are especially important to break dance when we wear others. When considering safe practice we have to understand that care and support encompasses a wide area. If, for exampleWe fail to repport that we have discover that a person has a sore spot on the shank of their spine, in a short time, that could develop into a pressure sore. If we see a colleague shouting or treating a person they support harshly, could that lead to abuse if we fail to use our duty of care and report it?Three criteria must be met for negligence to be proven and be actionable in the courtsThe duty of care must actually be owed to a personThat duty must have been breachedHarm must have been suffered as a resultWhether negligence has occurred is a look of fact for the courts to decide. Where the duty of care has been breached because the acts or omissions of a health or social care worker fell below those o f the ordinarily  satisfactory health or social care worker, it is important to bear in mind that it will be no defence to argueThat the shortcomings in not acting occurred because of a persons inexperienceIf the project or circumstances required a person of a particular skill or standard, then if someone was too inexperienced to arrange safely, they should have do that clear to their line manager or sr. professional. In turn the supervising professional should have taken responsibility for checking that tasks are only delegated to, or undertaken by, competent staff. education cases & assessment Criteria MappingThe questions below tar take hold of the following assessment criteria Learning government issueAssessment Criteria the learner massQuestion4222-204 (Diploma) moment 1. run into the import of duty of care 1.1. Define the term duty of care1.2. chance on how the duty of care affects own work role4229-205 (Tech Cert) impression 1. Understand the Implications of Duty of Care 1.1. Define the term duty of care1.2. trace how the duty of care affects own work roleCommon certainty Standards Outcome 5.1. Understand how duty of care contributes to safe practice 5.1.1. pardon what it means to have a duty of care in your work role 25.1.2. Explain how duty of care contributes to the safeguarding or protection of individuals 34222-204 (Diploma) Outcome 2. Understand support available for addressing dilemmas that may swipe about duty of care 2.1. describe the dilemmas that may tog up amid the duty of care and an individuals rights 42.2. Explain where to get additional support and advice about how to resolve such dilemmas 44229-205 (Tech Cert) Outcome 2. Understand Support Available for Addressing Dilemmas that may arise about duty of care 2.1. Describe the dilemmas that may arise mingled with the duty of care and an individuals rights 42.2. Explain where to get additional support and advice about how to resolve such dilemmas 4Common Inductio n Standards Outcome 5.2. get laid how to address dilemmas that may arise between an individuals rights and the duty of care 5.2.1. Be aware of potential dilemmas that may arise between the duty of care and an individuals rights 45.2.3. Know who to ask for advice about anything you feel uncomfortable about in congener to dilemmas in your work 44222-204 (Diploma) Outcome 3. Know how to respond to complaints3.1. Describe how to respond to complaints3.2. Identify the main points of agree uses for handling complaints 84229-205 (Tech Cert) Outcome 3. Know how to respond to complaints 3.1. Describe how to respond to complaints5,73.2. Identify the main points of agreed procedures for handling complaints 8Common Induction Standards Outcome 5.3. Know how to describe and handle comments and complaints. How to disc and report information 5.3.2. Know what you can and cannot do within your role in handling comments andcomplaints and how you should respond 45.3.4. touch in the importance of skill from comments and complaints to advance the quality of service 9Duty of CareQ1. Define the term duty of care( instruction SCILS Hand-out 1)Duty of care, in any setting, is the level of service that is expected, as a minimum, to be provided. In health care and social care, this may include act in the best interests of individuals. Do not act or fail to act in a way that could cause harm, always act within your own competence and do not do something which you can not do safely.Q2. How does duty of care affect your work roleGuidance SCILS Hand-outHow it affects work roleIt means the duty of care I have in my job is to keep yourself safe and the individuals safe. Keeping up to come across on my training. Adhering to the policies and procedures that reflect the CQC Standards. Promoting health and safety regulations and ensuring these are adhered to, reporting and hazards or risks to my line managers Promoting personal hygiene to both individuals and police squad fragments. Pr ovide an exampleReflect over the individuals Care Plans and Essential Life style plans, ensuring these documents are updated accordingly. Reporting any health and safety issues to the health and safety rep or my line manager. Highlighting any new risks that have been identified to these can be minimised. Ensuing all policies and procedures have been read, understood and signed. attention all mandatory training.Q3. How could your duty of care contribute to.(Guidance SCILS Hand-out 3b)Safe approach patternUnsafe PracticeEnsuring when administering practice of medicine, the correct procedures are followed. Checking the individuals care plan as to what support is required. Ensuring the medications agrees with the mars sheets times, dosage and route of administration. Ensuring the correct individual is bow and I have observed the medication being taken. Filling in the mars sheet according to the correct time and date. Not reflecting over the mars sheet details and care plan.Assuming not changes have been make and not checking.Not signing for the medication.Leaving medication out where it is accessible to others.Ensuing all documents are filled in accurately and accordingly. All changes are highlighted to all team up members and the line manager. Updating risk assessments according to hazards identified. Not reporting hazards to the line manager of the health and safety rep. Not filling in documents of relevant changes or informing the team or line manager.Dilemmas and SupportQ4. Describe dilemmas that may arise between the duty of care and an individuals rights (Guidance SCILS Hand-out 3c + 4)DilemmaWhat additional support and advice would resolve this dilemma? Refusing medicationTo explain to the individual why the medication needs to be take, risk to health and other implications. Speak to team member and line manager as they may provide support to speak to the individual with a more positive outcome. Speak to GP, Learning disability nurse or medical profess ionals. Ensure it is documented in case of further issues. This may lead to a Best Interest meeting. Activities that may cause harmSpeak to the individual about the risks that have been identified. Discuss with them on how these risks could be minimised to ensure safety. Document in care plan and essential life style plan. Seek support from line manger on how this can be effectively supported. Best interest meeting my be required to see if the individual has the capacity to make the relevant decisions.ComplaintsQ5. It is important to have a policy instructing on how to have with complaints to ensure that everyone knows what to do and in what timescales. It is very important that you know the procedure for your work situation. These are legal and regulatory factors to consider and statutory bodies to be informed.Can you name some of these?(Guidance SCILS Hand-out 4)Fylde Community link work in line with legislations-The Health and Social Care Act 2008Regulated Activities regulat ions 2010There a complaints work on in place, complaints will be recorded for statistical purposes and communicated to the staff members concerned. The organisation welcomes complaints as the information from investigations will provided additional learning and help improve services. A complaint can be made to any staff member who will fill in a complaint form in order to record what has been said and outright inform their line manager. Complaint regarding staff member should be made to the Chief Executive. If a complainant is not well-provided with the response the yield will be escalated to the Board of Directors/ Trustees. If still not satisfied with the outcome it can be taken to the Local Authority or the local government ombudsman.Q7. Describe how to respond to complaints(Guidance SCILS Hand-Out)A complaint can be made to any staff member who will fill in a complaint form in order to record what has been said and immediately inform their line manager. Feed back form can be obtained for relatives who wish to comment on any formulation of the service.Q8. Describe the process of handling complaints from a service user (Guidance SCILS Hand-Out)A complaint can be made to any staff member who will fill in a complaint form in order to record what has been said and immediately inform their line manager.Q9. How can complaints help your workplace learn and identify actions or changes that are needed after a complaint has been received? (Guidance SCILS Hand-Out)There a complaints process in place, complaints will be recorded for statistical purposes and communicated to the staff members concerned. The organisation welcomes complaints as the information from investigations will provided additional learning and help improve services.