The first step to establish negligence is to decide whether the defendant owe a duty of care to the plaintiff. The defendant is obliged to take reasonable care to its neighbor. Neighbors are persons who are so closely and directly affected by ma act that I ought reasonably to have them in contemplation as being so affected when I am directing my mind to the acts or omissions which are called in question: Donoghue v Stevenson. Thus‚ the damages occurred must be reasonably foreseeable. In this case
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Unit 5 Understand the national and local context of safeguarding and protection from abuse. National policies: Disclosure and Barring service Independent Safeguarding Authority (ISA) No Secrets (England) In Safe Hands (Wales) 2000 Human Rights Act 1998 Care Quality Commission (CQC) Local Systems: Safeguarding Adults boards- North Wales Area (Current Chair-Chris Pearson) These bring together a number of different local agencies‚ police‚ MIND‚ advocacy groups‚ social workers‚ G.Ps. The Police-
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that deals with children must have a safeguarding policy in place which should be reviewed and updated regularly. As a teaching assistant it is vital that I know what the policy at my school contains so I am aware of what to do if I ever have any cause for concern. The term “child protection is increasingly being replaced by that of “safeguarding” Child protection is specifically about abuse but it comes under an umbrella term called safeguarding. Safeguarding are all the things that we do and the
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Negligence and Duty of Care Robin McClish Kaplan University Negligence and Duty of Care Scenario: As pedestrians exited at the close of an arts and crafts show‚ Jason Davis‚ an employee of the show’s producer‚ stood near the exit. Suddenly and without warning‚ Davis turned around and collided with Yvonne Esposito‚ an 80-year-old woman. Esposito was knocked to the ground‚ fracturing her hip. After hip replacement surgery‚ she was left with a permanent physical impairment. Esposito filed suit
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1. Anna‚ define the term ‘duty of care’ The term “ Duty of care” refers to the obligations and responsibilities. It is a key concept in working with other human beings. It is a legal term for safeguarding yourself and people that you care for. First and foremost it means to provide care and support to individuals within the law and also within the policies and procedures provided by your employer and to follow agreed ways to work with certain service users. Substantially you must do everything
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The Roles of Agencies and Professionals in Safeguarding Individuals The roles of different agencies and professionals involved in safeguarding individuals all contribute to working together to prevent and protect adults at risk from abuse. They will make sure that they empower and support people to make their own choices‚ to investigate actual or suspected abuse and neglect ‚ to support adults and provide a service to adults at risk who are experiencing abuse‚ neglect and exploitation.
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efficacious in duty of care‚ the following needs to be formed; i. Was loss to the claimant foreseeable? ii. Was there sufficient proximity between the parties? iii. Is it fair‚ just and reasonable to impose duty of care? ‘Proximity simply means that the parties must be “sufficiently close” so that it is “reasonably foreseeable” that one party’s negligence would cause loss or damage to the other. Together with this‚ fairness is basically‚ “fair‚ just‚ and reasonable” for one party to owe duty to the other
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It is important that information relating to people receiving support or care is securely stored. This is to protect their privacy and maintain trust between the person and the health or social care service. Read the following scenarios and explain why the information should have been stored securely. Scenario 1 Kathy has just seen the doctor about her haemorrhoids‚ which she is very embarrassed about. Once she leaves the surgery‚ the receptionist collects Kathy’s notes and puts them down on the
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Nursing staff have a duty of care to their patients to ensure that they are getting the best possible treatment and that they are also being well nourished and hydrated. Nurses must ensure that their patients are getting the required meals throughout the day and that they have access to enough water. When a patient is admitted to their care‚ they would start by making a care plan for them and by doing that‚ they would find out their history‚ any allergies they may have. This gives the nurse the opportunity
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Today we use the term safeguarding instead of child protection‚ it has a much broader range. Safeguarding a child or young person is ensuring that they have the opportunity to achieve their true potential and have the right to be protected from abuse (physical‚ emotional or sexual)‚ neglect or exploitation from anyone including professionals working with them. This is a much more holistic approach and is centred around the child’s needs‚ it is designed to prevent harm rather than just react once
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