PRINCIPLES OF IMPLEMENTING DUTY OF CARE IN HEALTH, SOCIAL CARE OR CHILDREN’S AND YOUNG PEOPLE’S SETTING SUPERVISION NOTES
Ai. Duty of care
A duty of care is a legal obligation which is imposed on an individual requiring that they adhere to a standard of reasonable care while performing any acts that could foreseeably harm others. It is our duty of care to aim towards providing the best quality of care and to be able to say if there are any reasons why we might be unable to do so. Aii. The duty of care is not something someone can opt out from. It applies to all staff of all occupations and levels. The duty of care for a client exists from the moment they are admitted in the care setting and they begin to receive services. We all have a duty of care for all clients even if we are not directly responsible for their care. It applies to those working full time or part time. It is the first element that must be established to proceed in an action of negligence. If the claimant is able to show that a duty of care imposed by law was breached, the defendant may be subject to individual liability. Aiii. The duty of care, amongst others is to provide a comprehensive service to clients and to demonstrate that, with the available resources, the appropriate priorities are chosen. It is important that those people who are providing care are able to do it in a safe manner. Just because an employer or an employee cannot do everything they believe needs to be done, doesn’t mean they have breached their duty of care. Nobody has limitless resources at their disposition, therefore the obligation of an employee and employer is to ensure that what is actually done is done safely and in an appropriate and timely manner as well as to make it clear what cannot be done. Aiv. As said above, we all have a duty of care for our clients and that is to provide the best quality of care possible as well as to inform if there are any reasons why it cannot be...
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