- A Supreme Court test to see if a law denies equal protection because it does not serve a compelling state interest and is not narrowly tailored to achieve that goal.…
In this assignment I will be outlining how legislation, policies and procedures relate to health, safety and security and how they influence different health and social care settings. I am also going to analyse the consequences of breaking the law or disobeying policies by including examples of a variety of appropriate policies and procedures for a working practise within the health and social care environment.…
It is a legal requirement that protects the care worker from legal action and the individual has the right to be considered.…
Respect the rights of service users while seeking to ensure that their behaviour does not harm themselves or others- By following correct policies & procedures and carrying out risk assessments prior to the start of any care , and making the risk assessment available to everyone involved in the care of the service user. Reducing the risk to to prevent the lowest possible harm to service user & others.…
2.1 Dilemmas that could arise between the duty of care and an individual’s rights in my role are if a patient were to divulge information of abuse, I would have a duty to pass this information on to relevant staff members even if the patient told me in confidence. If a member of staff was doing something that could compromise the care of a patient, it would be my duty to report such behaviour to management. Also, if I was asked to do something that I was not competent at doing or using a piece of equipment in an unsafe way, it would be my duty and my individual right to refuse as it could result in harm to a patient, myself or colleague.…
Summary of how exemplar evidence for HSC 024 meets the assessment requirements and assessment criteria…
The individuals you support or you, a career, the family? In situations where there is a conflict of interest or a dilemma between an individual’s rights and your duty of care, it is best practice to make sure the individual is aware of the consequences of their choice and that they have the mental capacity to understand the risks involved in their choice. It is their right as an individual to be able to make informed choices about their own lives even if you disagree with their choice. It is the right of every individual in your care to make choices and take risks. It is your role to assist them in making those choices and reducing the risks without compromising their rights. An individual may be restricted if his or her behaviour presents a serious risk of harm to his or herself or to…
The use of this section of the act allows a person defined under s1 of the act to be compulsory detain to a hospital or guardianship. In order for a person to be detained under this section three people must agree that you need to be detained unless there are exceptional circumstances (rethink 2010). The People involved in this decision making process should be an Approved Mental Health Professional (AMHP) or the patients nearest relative and a doctor who has received special training and a registered medical practitioner. The DoH (2008, p3) codes of practice point out, that It is good practice for one of the…
The Residential Care and Nursing Homes Regulations 2002-protects rights of those who are in care homes.…
| This is guidance for PCTs, Local Authorities, hospitals, and care homes to support them to understand and fulfil their statutory obligations under the MCA and Deprivation of Liberty Safeguards legislation.…
Rule of Safety – Keep the residents under careful watch of attendants and keeping in mind that undue possessiveness and undue concern can lead to violation of their privacy and can cause undue complications in their recovery.…
For the purposes of this essay the Elderly Care Scenario has been selected. The aim of this essay is to discuss the concept of vulnerability and why the patient in the Elderly Care Scenario is vulnerable. With reference to the NMC Code, the second part of the essay will discuss how the scenario demonstrates/does not demonstrate professional values and how the staff could have empowered the patient and demonstrated respect and maintained his dignity. The third part then discusses the anti-discriminatory issues within the scenario and how it could be promoted. The final part is a reflection on the assignment and the lessons learnt.…
The patient has all the rights to know who has access to their information and why. The patient has the right to restrict or allow the information being provided to anyone.…
There are a number of legal and ethical duties expected of nurses. Most of these involve care for patient’s autonomy and confidentiality despite the medical care. Failure to act regarding these can give rise to liability. One aspect of Patient’s autonomy involves giving or withholding his consent about treatment. This paper takes into account ‘consent’ as the aspect of law regarding nursing.…
Within health and social care there are a number of acts and procedures set out in legislation which must be followed. These acts ad procedures influence care settings by offering practical examples of good practice and the way that health and social care should be delivered. They provide advice on how to comply with the law and determine what is reasonably practicable. The acts enforce a duty of care to everyone who is involved at all levels such as the service user, the service user’s friends and family and the staff.…