Duty of Care Unit12

Topics: Donoghue v Stevenson, James Atkin, Baron Atkin, Duty of care Pages: 1 (866 words) Published: December 10, 2012
Samantha Macdonald
Unit 12 : principles for implementing duty of care in health, social care, or children’s and young people’s settings

Duty of Care
Lord Atkin defined the duty of care when he gave judgement in the case of Donoghue v Stephenson (House of Lords 1932 relating to a case of a “snail” found in ginger beer sold to a customer” ). He said that: "You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour. Who, then, in the law is my neighbour? The answer seems to be persons who are so closely and directly affected by my act that I ought 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." Taken from Nursing and Midwifery Council website at http://www.nmc-uk.org/Nurses-and-midwives/Advice-by-topic/A/Advice/Duty-of-care/ 12.1.2 Explain what it means to have a duty of care in own work role Read the above statement about “acts or omissions” and explain this is your own words I have a duty of care towards the people I look after in my department. I must do everything I can to keep them safe from harm. My employer also has a duty of care towards staff members, to ensure they have safe working conditions that are suitable to deliver the service.| 12.1.2 Explain how a duty of care contributes to the safeguarding or protection of individuals Duty of care safeguards individuals by already having performed “risk assessments” to prevent accidents or the spreading of infections. Following correct “safeguarding procedures” will ensure any concerns regarding the Childs well being will be swiftly dealt with. Assessments and observations can alert you to problems that may need addressing and to be discussed with parents or other professionals. Always listen to children and take their concerns seriously.| 12.2.1 Describe the potential conflicts or dilemmas that may arise between the duty of care and an...
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