psychological circumstances‚ communication and government interventions to care will be examine and explained with evidence to back each of these factors which influence the care provided to Emma. In trying to understand the relationship between nurses and patients‚ different communication approaches would be adopted which may relate to Emma’s condition to look at how such factors would impact the way care is given. Moral and ethical issues such as inappropriate comments by health
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Duty of care is the legal obligation that reasonable care must be taken to avoid acts with a reasonably foreseeable outcome of injuring another person. The concept of ‘duty of care’ was first recognised in Donoghue v Stevenson [1932] AC 562 where it was established that a duty of care is created via proximity‚ or a relationship between the defendant and the plaintiff. This is known as the ‘neighbour principle’ ‚ which relies on combination of proximity and a reasonably foreseeable risk of harm
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Week 7 Breach of the Duty of Care Negligence Duty of care Established or novel duty? Is it a non-delegable duty? What is the scope of the duty? Breach of duty What is the relevant standard of care? Has the standard been breached? Damage Is it recognized by law? Was the breach a necessary condition of the harm? Is the harm within the scope of the defendant’s liability? Breach of Duty The fault part of the negligence action An act or omission of the defendant A failure to act as a reasonable person
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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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Health Law and Ethics HCS/478 Negligence Paper Health care providers have a responsibility to provide competent and safe care to their patients. When patient care is compromised or the patient does not have a successful medical outcome‚ sometimes the legal system becomes involved. It is important to be aware of the terms negligence‚ gross negligence‚ and malpractice because they are often misunderstood. This paper attempts to provide a definition of each legal term in an effort to distinguish
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Employer’s Duty of Care To what extent are employees required to perform their job with a duty of care? We all know that corporate officers have a duty of care to the corporation that they are employed by. They have an obligation to perform their duties with the care that a person in a like position would reasonably exercise under similar circumstances (Halbert & Ingulli‚ 2010‚ p 52). As a fellow employee down on the totem pole‚ we are held to the same standard to act in good faith in
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Major Assignment: Directors’ Duties Case Part A: Whether the directors are in breach of their duties of care‚ skill and diligence Issue1: who owes the duty? According to S 9‚ the person who is appointed to be a director or the person who is appointed to be an alternate director and is acting in that capacity‚ is a director of the company. (S9) As we can see from the case‚ Peter Pansy‚ Fred Fuchsia and Marie Gold are directors of the company‚ and Alison Astor who is appointed to fill a casual
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INTRODUCTION On the‚ 26th of June 2007‚ the Department Of Education made effective Western Australia’s current ‘Duty of care for students’ policy. This policy was deemed necessary‚ as it strives to protect the immediate and on-going safety of students and teachers. The aim of the policy is to create the safest possible learning environment for all students‚ and for to serve as a guideline for education professionals. All teachers‚ school authorities‚ some non-teaching staff and external providers
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FRAMEWORK QCF Health and Social Level 2 Diploma in HSC (adults) Mandatory Group A SHC 24 INTRODUCTION TO DUTY OF CARE Level 2 Credit value 1 Learning outcomes are the black on white The Assessment criteria (1.1 et al)is what after the overview statements that ‘The learner will:’ assessment ‘The learner can:’ 1. UNDERSTAND THE MEANING OF DUTY OF CARE 1.1 Define the term ‘duty of care’ A duty of care is a requirement that a person act toward others and the public with watchfulness‚ attention‚ caution
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Duty of care is defined as a moral or legal obligation to ensure the safety or well-being of others. This is important because failure to act or help individuals can lead to harm‚ and not ensuring safety of individuals can lead them into far worse circumstances as they do not have the support and protection form service providers. Legal obligation to protect wellbeing and prevent harm: Obligation of care is characterized basically as lawful commitment to dependably act to the greatest advantage
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