Duty of Care Essay

IntroductionThis unit will look at the importance of occupation of dread within the health and social sustenance atomic number 18a. It will aid in helping to identify standards of thrill required by directionrs and the acquitions needed to be implemented in order to maintain high quality c atomic number 18.The courts have identified what standards of care a soul can expect from those providing it i.e. what a average person would think is tenable in the circumstance. In English Tort law a vocation 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 performing any acts that could foreseeably harm others. It requires that everything reasonably functional be done to protect the health and safety and wellbeing of others.The standard of care an separate that you whitethorn care for or support is entitled toCare that meets the persons identified needsPerson centred planning around the pe rsonSupport to maintain independenceWell-trained lagCare that meets the minimum standards as set subject in lawEach person that we support has a right to expect a good standard of care which we need to uphold. By accord and acknowledging peoples rights we gain greater awareness of circumstances which might give rise to concerns. Often it is when a persons rights are breached that we croak aware that we have a tariff of care to alert a nonher person to a situation that may make a person we care for or support vulnerable or at risk.see more explain what it mode to have a duty of care in own work roleThere are a variety of terms that need to be understood in order to fully understand what constitutes duty of care, such terms holdDuty of care is a requirement that a person act towards others and the public with the watchfulness, attention, caution, and the prudence that a reasonable person in the circumstances would. If a persons actions do not meet this standard of care, then t he acts are considered negligent and any restoration resulting may be claimed in a lawsuit for damagesReasonably viable means that the requirements of the law vary with the degree of risk in a particular activity or environment which mustiness be balanced against the time, trouble and cost of taking measures to control the risk. It enables the duty holder to choose the virtually efficient means for controlling a particular risk from the range 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 Interest is anything affecting the rights, health or pay of the public at large. It is something that is of general benefit to the public or to which the general public would feel a need to know in the general populations scoop appear interests.Whistle blowing A whistleblower is a person who raises a concern astir(predicate)wrongdoing oc curring in an organisation or body of people. Usually this person would be an employee from that same organisation. The revealed misconduct may be classified in many ways for example, a violation of a law, rule, regulation and/or a direct threat to public interest, such as fraud, health/safety violations, corruption. Whistleblowers may make their allegations internally (for example, to other people within the acc practice sessiond organisation) or externally (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 righteousness guarantees you protection in reporting abuse and neglect, where to do so could cause you difficulties with your employer.We have a responsibility to the people we support particularly if those people are vulnerable. Listening and observation skills are especially important to develop when we su pport others. When considering safe practice we have to understand that care and support encompasses a large-minded area. If, for exampleWe fail to report that we have observed that a person has a sore spot on the base of their spine, in a hornswoggle 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 matter 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 of the ordinarily able health or social care worker, it is important to bear in mind that it will be no defence to argueThat the shortcomin gs in not acting occurred because of a persons inexperienceIf the task or circumstances required a person of a particular skill or standard, then if someone was too inexperienced to practise safely, they should have made that clear to their striving manager or senior professional. In turn the superintendence professional should have taken responsibility for checking that tasks are only delegated to, or undertaken by, competent staff.Learning events & Assessment Criteria MappingThe questions below tar bring down the following sound judgement criteria Learning OutcomeAssessment Criteria the learner canQuestion4222-204 (Diploma) Outcome 1. Understand the meaning of duty of care 1.1. Define the term duty of care1.2. disclose how the duty of care affects own work role4229-205 (Tech Cert) Outcome 1. Understand the Implications of Duty of Care 1.1. Define the term duty of care1.2. Describe how the duty of care affects own work roleCommon Induction Standards Outcome 5.1. Understand how duty of care contributes to safe practice 5.1.1. Explain 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 separates 34222-204 (Diploma) Outcome 2. Understand support available for addressing dilemmas that may arise about duty of care 2.1. Describe the dilemmas that may arise between 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 between 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 Induction Standards Outcome 5.2. lie with 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 relation to dilemmas in your work 44222-204 (Diploma) Outcome 3. Know how to do to complaints3.1. Describe how to respond to complaints3.2. Identify the main points of agreed procedures for intervention 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 recognise and handle comments and complaints. How to record and report schooling 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. Recognise the importance of learning from comments and complaints to improve 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 date 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 roue managers Promoting personal hygiene to both individuals and team members. Provide an exampleReflect everywhere the individuals Care Plans and Essential Life style plans, ensuring these documents are updated matchly. Reporting any health and safety issues to the health and safety rep or my line manager. foreground any new risks that have been identified to these can be minimised. Ensuing all policies and procedures have been read, understood and signed. Attending all mandatory training.Q3. How could your duty of care contribute to.(Guidance SCILS Hand-out 3b)Safe PracticeUnsafe PracticeEnsuring when administering medicament, the ready 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 present 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 made and not checking.Not signing for the medication.Leaving medication out where it is accessible to others.Ensuing all documents are learned in accurately and accordingly. All changes are highlighted to all team 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 applicable 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 professionals. go over 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 identif ied. 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 onhow 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 deal 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 complaisant Care Act 2008Regulated Activities regulations 2010There 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 i nformation 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 at one time inform their line manager. Complaint regarding staff member should be made to the Chief Executive. If a complainant is not commodious with the response the matter 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 aspect of the service.Q8. Describe the process of handling complaints from a service user (Guidance SCILS Hand-Out)A complaint can be made to a ny 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.