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Principles of Duty of Care
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“Duty of care is an obligation owed to anyone who could be injured by a person’s lack of care. It must be ‘reasonably foreseeable’ that an injury could result from the lack of care” (Townsend & Luck, 2013)
Duty of care is the one thing that all health care professionals, and to some extent first aiders, use in their everyday practices. Paramedics are thought to always owe a duty of care when they are acting or serving in a professional capacity. When a health care practitioner starts a patient-doctor relationship they have identified that a duty of care exists in their relationship. However there are also the legal aspects as well as the guidelines and risks that comes from establishing a duty of care i.e. negligence law. ( Townsend & Luck, 2013).
Duty of care is essentially a legal obligation set out to ensure that all health care professionals and first aiders perform to a set standard of care. The Law imposes this duty on medical practitioners to provide the required care and skill in diagnosing, giving advice and treating patients. In NSW all medical practitioners have a duty ...
“One of those obligations is that it must exercise a proper degree of care for its patients, and, to the extent that it fails in that care, it should be liable in damages as any other commercial firm would be
This can be seen in the case study as ethical and legal arise in resuscitation settings, as every situation will have its differences it is essential that the paramedic has knowledge in the areas of health ethics and laws relating to providing health care. The laws can be interpreted differently and direction by state guidelines may be required. Paramedics face ethical decisions that they will be required to interpret themselves and act in a way that they believe is right. Obstacles arise such as families’ wishes for the patients’ outcome, communicating with the key stakeholders is imperative in making informed and good health practice decision. It could be argued that the paramedics in the case study acted in the best interest of the patient as there was no formal directive and they did not have enough information regarding the patients’ wishes in relation to the current situation. More consultation with the key stakeholders may have provided a better approach in reducing the stress and understanding of why the resuscitation was happening. Overall, ethically it could be argued that commencing resuscitation and terminating once appropriate information was available is the right thing to do for the
Not only do health care providers have an ethical implication to care for patients, they also have a legal obligation and responsibility to care for the patient. According to the Collins English dictionary, a duty of care is ‘the legal obligation to safeguard others from harm while they are in your care, using your services or exposed to your activities’. The legal definition takes it further by making it a requirement that a person act towards others and the public with watchfulness, attention, caution and prudence which a reasonable person in the circumstances would use. If a person’s actions fail to meet the required standard, then the acts are considered negligent (Hill and Hill, 2002). If a professional fails to abide to the standard of practice for their practice in regards to their peers, they leave themselves open to criticisms or claims of breach of duty of care, and possibly negligence. Negligence is comprised of five elements: (1) duty, (2) breach, (3) cause in fact, (4) proximate cause, and (5) harm. Duty is defined as the implied duty to care/provide service, breach is the lack thereof, cause in fact must be proven by plaintiff, proximate cause means that only the harm caused directly causative to the breach itself and not additional causation, and harm is the specific injury resultant from the breach.
Why is it so important that healthcare executives adhere to a professional code of ethics?
The Australian Commission On Safety And Quality in Health care was founded as a powerful body to reform Health care system in Australia. It was established on 1st june 2006 in an incorporated form to lead and coordinate numerous areas related to safety and quality in healthcare across Australia (Windows into Safety and Quality in Health Care, 2011). The commission’s work programs include; development of advice, publications and resources for healthcare teams, healthcare professionals, healthcare organisations and policy makers (Australian Commission On Safety And Quality in Health care). Patients, carers and members of public play a vital role in giving shape to commission’s recommendations thereby ensuring safe, efficient and effective delivery of healthcare services. The commission acknowledges patients and carers as a partner with health service organisations and their healthcare providers. It suggests the patients and carers should be involved in decision making, planning, evaluating and measuring service. People should exercise their healthcare rights and be engaged in the decisions related to their own healthcare and treatment procedures. ...
The four major ethical principles in health care are: Autonomy – to honor the patient’s right to make their own decision (the opposite is paternalism - the health care provider knows best for the patient), Beneficence – to help the patient advance his/her own good, Nonmaleficence – to do no harm (many bioethical controversies involves this principle), and Justice – to be fair and treat like cases alike. All 4 principles are considered to be in effect at all times. In theory, each is of equal weight or importance. Ethical responsibilities in a given situation depend in part on the nature of the decision and in part on the roles everyone involved play.
Health and social care professionals encounter a diverse amount of individuals who have different needs and preferences regarding their health. As professionals they must ensure that all services users, whether it is older people with dementia, an infant with physical disabilities or an adult with an eating disorder (National Minimum Data Set for Social Care, [no date]), are treated in a way that will successfully meet such needs. In fact, health and social care professionals have a ‘duty of care’ towards services users, as well as other workers, in which they must legally promote the wellbeing of individuals and protect them against harm, abuse and injury. (The Care Certificate Workbook Standard 3, [no date]) Duty of care is a legal requirement
In conclusion, every patient is worried about their rights to care but not so much are focused on the rights of the physicians providing the care. It is hard to establish a respectable practice if you are required to perform care for instances in which you object or do not want to be a part of. This detracts from the ethical background of practice and procedure every physician should hold to the highest standard.
It is also morally correct to realize that one must work within the limits of their knowledge, the Physician Assistant or doctor must not over step their boundaries, this could hold one liable for the outcomes, especially when they do not have professional knowledge of the subject being addressed.
Ethics in the medical field are very important and should be taken seriously. As a medical professional you will tested daily on making the best choices, using good judgment and being morally responsible for your actions. There are nine principles in the Code of Medical Ethics that in general make up the primary code. As a medical professional you must always consider what is in the best interest of the patient. Code of medical ethics of the American Medical Association, (2012). When determining the proper “Patient-Physician Relationship, the relationship between the patient and physician is based on trust and gives rise to the physicians’ ethical obligations to place a patients’ welfare above their own self-interest” Code of medical ethics of the American Medical Association, (2012).
There is a strict distinction between acts and omissions in tort of negligence. “A person is often not bound to take positive action unless they have agreed to do so, and have been paid for doing so.” (Cane.2009; 73) The rule is a settled one and allows some exceptions only in extreme circumstances. The core idea can be summarized in “why pick on me” argument. This attitude was spectacularly demonstrated in a notoriously known psychological experiment “The Bystander effect” (Latané & Darley. 1968; 377-383). Through practical scenarios, psychologists have found that bystanders are more reluctant to intervene in emergency situations as the size of the group increases. Such acts of omission are hardly justifiable in moral sense, but find some legal support. “A man is entitled to be as negligent as he pleases towards the whole world if he owes no duty to them.” (L Esher Lievre v Gould [1893] 1 Q.B. 497) Definitely, when there is no sufficient proximity between the parties, a legal duty to take care cannot be lawfully exonerated and imposed, as illustrated in Palmer v Tees Health Authority [1999] All ER (D) 722). If it could, individuals would have been in the permanent state of over- responsibility for others, neglecting their own needs. Policy considerations in omission cases are not inspired by the parable of Good Samaritan ideas. Judges do favour individualism as it “permits the avoidance of vulnerability and requires self-sufficiency. “ (Hoffmaster.2006; 36)
The Department of Education Western Australia issued the Duty of Care for Students(2007) policy in order to protect students welfare and safety from foreseeable risks whilst in the supervision of teachers and schools within the state of Western Australia.
Held (2005) suggests that there is a collective commitment to care of others. Individuals put themselves in a secondary role to benefit and promote the well-being of others. There is an emphasis on practice and value. Pettersen (2011) and Held (2005) contend that the ethics of care recognizes that the caregiver must also protect themselves while promoting a cooperative relationship. The practice of care is done by expressing empathy and working on an attitude and standards which nurtures morally satisfactory
There are many members of the inter-professional team, all of which are contributing to the healthcare of acute and critically ill patients. Every member of the team has had education and obtained a license of practice compatible to their level of knowledge (Prater, Fundamentals of Nursing, 2013). As a practical nurse you need to be mindful of your scope of practice in relation to registered nurses, certified nurses’ assistants and other healthcare professionals. With so many different people involved in the immediate care of a patient, there is always the possibility of a mix up. The purpose of this paper is to help differentiate between the roles of the healthcare staff, which will in turn help develop a knowledge base for prioritizing care;
When we talk about that they breached the care, it means they either did something that they did not know how to do and it ended up making the person in worst state than they started. This person who acted out of their scope of care can be sued. Then you have your Emergency Medical Technicians and your Paramedics that can be charged with negligence, but they fall under a different type of care which is professional standard of care, “The standard of care that a person with professional skills and training is required to exercise, namely, the care that the reasonably prudent professional of like training and experience would have exercised under the circumstances” (Varone, 2012, P.255). When an EMT arrives on scene, they are expected per the medical director of whom they are working under, to provide care within the scope of their practice, and if they need someone who has more training then they need to call them and have that person assess the patient.