In this assignment, I will examine how duty of care contributes to

Dajaé Levy In this assignment, I will examine how duty of care contributes to safe practice in health and social care settings by using two case studies.

Duty of care – a legal obligation to always act in the best interests of the service user and any others that may be affected by your actions Legal obligation – a legal duty to perform, or not to perform, a particular action Zebra Ward Zebra Ward is a paediatric medical ward at the Prince Oswald Child’s Hospital and provides care for children from the age of six months to two years with a variety of medical conditions.In this case study, there are many examples of duty of care towards Lucy and Kevin for instance: The Father – his duty of care was to look after his children and ensure that they are safe at all times but he did not act in his children’s best interest because Lucy and Kevin were not secure in their seats, therefore they were not safe and at a high risk of getting seriously injured. Furthermore, he suspiciously admitted that the reason for the marks on Lucy and Kevin were inflicted by his wife who passed away three months ago, however the marks appear to be more recent and also if the mother was responsible for the marks on Lucy and Kevin, it should have been the father’s duty of care to act in the best interest of his children and take them away from the violent environment or at least reported it. As a result, the consequences for not securing seat belts for someone you are responsible for you can be fined and if the incident goes to court the fine can increase significantly.The Doctor – her duty of care was to provide medical care for the children and make sure they are comfortable. Moreover, she should record all information she discovers when examining the children and raise concern with another professional, however the doctor failed her duty of care towards the children because when questioning the father on Kevin’s bruises, she is not convinced because they look more recent but does not take the issue further. Therefore, by ignoring this information she could be putting the children in more danger because the father is getting away with abusing his children.The Nurse – his duty of care was to ensure Lucy and Kevin get their medication and report any concerns to a member of staff or a doctor. Consequently, the nurse did not follow his duty of care because he is too busy hurrying to complete the medicine round and give each child a sedative that he does not record his observations, furthermore he fails to complete the ward records with regard to the sedatives given to both children, therefore he is failing his duty of care towards the children and being irresponsible because he wanted to get off duty.The Social Worker – her duty of care was to guarantee Kevin and Lucy safety and they that are not being abused by their father. Nevertheless, the social worker notices Kevin and Lucy are Principles of Safe Practice in Health Duty of care in This study source was downloaded by 100000823250788 from CourseHero.com on 04-29-2021 05:36:48 GMT -05:00 https://www.coursehero.com/file/51033931/Principles-of-Safe-Practice-in-Health-and-Social-Caredocx/ This study resource was shared via CourseHero.com

Dajaé Levy uncomfortable when their father comes to visit them in the hospital because Kevin hides under the bed and Lucy cries when he lifts her out of the cot, yet the social worker fails her duty of care to the children because she does not act on what she has noticed instead she ignores it. Likewise, the social worker should have reported what she had witnessed due to the fact that the children have mysterious bruises all over their bodies and they were injured in a car accident because their father did not secure their seat belts.Generally in care settings, things never go wrong but if they do, people who are affected or related to whoever is affected then has the right to complain. For example, the NHS complaints procedure gives you the right to complaint about any aspect of NHS care, treatment or services, and this is securely written into the NHS Constitution. Furthermore, the NHS encourages feedback from service users because it is used to improve said services.In addition, complaints and appeal procedures are important because if service users are not having their needs met this may result in harm being done to the service user, and everyone has the right to expect a high standard of care, plus services can be enhanced and amended.Moreover, after a complaint is made it will be acknowledged by the organisation, then they will contact you to discuss how the complaint would be managed and how long it will take, next it will be investigated by the organisation and you will be informed with the outcome. However, if you are not satisfied with the outcome of your complaint then, you can appeal to the Parliamentary and Health Service Ombudsman.Legal proceedings When care falls below standard it can become negligent or even dangerous enough to cause harm to the service user, and when this happens the service user or their advocate may decide that the problem is serious to be considered a criminal act. Likewise, everyone within society is entitled to the protection of the law and access to justice including both the service user and the care worker.The Care Act 2014 replaces ‘No Secrets’ guidance and makes safeguarding adults a statutory duty, therefore practitioners and managers who suspect that an adult service user has been the victim of criminal behaviour, or is at risk of becoming a victim, must inform the police straightaway. For instance, conduct that amounts to neglect and abuse, such as physical assault or theft from a patient, can be a specific criminal offence and is under the Theft Act 1968.Additionally, if a patient dies as a result of abuse or deliberate neglect by a care worker, legal proceedings can conclude in a charge of manslaughter. Legal proceedings are taken against healthcare practitioners who have caused harm to a service user, whereas a clinical negligence action is about claiming compensation.Merryvale Residence Complaint and appeal This study source was downloaded by 100000823250788 from CourseHero.com on 04-29-2021 05:36:48 GMT -05:00 https://www.coursehero.com/file/51033931/Principles-of-Safe-Practice-in-Health-and-Social-Caredocx/ This study resource was shared via CourseHero.com

Dajaé Levy The Merryvale Residence provides support for 10 older men and women who are all over the age of

• Three of the residents have a hearing impairment; two have dementia and the remaining

residents have varying degrees of reduced mobility.In this case study, two of the female residents are in a same-sex relationship and are experiencing discrimination from a member of staff, but do not want to complain because they do not want to cause problems. Moreover, the couple feel that they must be entitled to a double room but they are not certain on what their legal rights are on this particular issue. Therefore, this is addressed as a complaints and appeals failure in a duty of care towards the couple, because they are uncomfortable and maybe even threatened to raise awareness for how they are being treated, also they are not educated on their rights which makes them vulnerable and allows Healthcare professionals to have power over service users.In addition, one of the women has noticed that her partner, who requires support with dressing and bathing, has developed bruises on her neck and arms but when she is questioned by her partner, she states that she fell over. Consequently, not complaining or appealing about this abuse and neglect to a member of staff or the organisation will not prevent the harm that is being caused, and give the organisation the opportunity to improve it. Nevertheless, if the abuse was reported then the owners and managers of the home would be investigated by the authorities and whoever was responsible for the abuse would be prosecuted, therefore no other service users would be at risk.Individual rights – refer to the freedom of each individual to pursue life and goals without interference from other individuals or the government In the workplace, service users trust healthcare professionals and they have to act as an advocate for a vulnerable service user, to make sure that they are treated fairly and with dignity, likewise all service users have their rights, though they may not feel able to ask for what they need. This is because; they are scared or physically intimidated by another service user, a member of their own family, a friend or even a member of staff. Nonetheless, all service users are individuals with unique needs and abilities and some service users may lack the capacity to protect their rights because they do not have the mental capacity to comprehend the implications of their circumstances or the consequences of their actions.For example, in the Merryvale Residence case study; some residents remained without a bath or shower for two or three days, causing distress and, in some cases, worsening of a skin condition. This violates the service users’ individual rights because they have not been neglected for a few hours but days which has not only caused them distress and anguish, then the service users’ dignity has been discounted by not being bathed for days, thus causing service users’ discomfort and an aggravation of a skin condition.Balancing individual rights with risks Living in a society which is complex and multicultural needs rights and associate risks may be interpreted differently. Our society is not isolated, hence one person’s choices usually has an effect on other individuals, whether positively or negatively. Healthcare professionals may have power over Balancing individual rights with a duty of This study source was downloaded by 100000823250788 from CourseHero.com on 04-29-2021 05:36:48 GMT -05:00 https://www.coursehero.com/file/51033931/Principles-of-Safe-Practice-in-Health-and-Social-Caredocx/ This study resource was shared via CourseHero.com

Dajaé Levy those in their care that service users find difficult to challenge and most service user’s fear losing their independence, which can cause conflict with healthcare professionals and friends or family, who may feel that the service user will not be able to cope with independent living. Furthermore, service users have the right to accept or reject any course of treatment or care that is offered to them.Best interests - principle in the Mental Capacity Act 2005 states that any act done or decision made on behalf of an adult lacking capacity must be in their best interests. This can cover financial, health and social care decisions.When working in care, you can be concerned about the choices that some service users are making, so you may think that the choices you would make in a situation would be more superior.Nevertheless, you might think you are acting in a person’s best interests by preventing something, but you can only do this if you have their consent unless you have evidence that the person lacks the capacity to make that particular decision at the time it needs to be made.It is important that individuals and their friends and family are fully educated on their condition, so that they can make their own choices or even make choices for the individual who is not capable to do so, for themselves. Furthermore, it can be difficult to respect or accept an individual’s choice which is linked to their condition because you may think it is not the best decision for them, however it is their right to make a choice based on their life, therefore you have to value their decision and carry on supporting them.Safe work practices are generally written methods outlining how to perform a task with the lowest risks to people, equipment, materials, environment, and processes. In the workplace, you are in a position of trust in relation to all service users, therefore it is important to comprehend that a service user may be vulnerable and you have to take responsibility for the unequal distribution of power, so the service user is not exploited, intimidated or unjustly treated.For example, in the Merryvale Residence case study, the couple in a same-sex relationship have experienced discrimination from one member of staff but they do not report it because they do not want to cause problems – which I believe means the couple do not want to bring awareness to the discrimination because they are intimidated by the member of staff and feel as though they will be ignored if they do report the issue. Furthermore, the couple want to be placed in a double room so that they are together, but they do not know their legal rights – which I think the couple should be able to discuss their situation with a member of staff, so that they are fully educated on their legal rights and can move towards receiving a double room because if the couple are not well-informed on their legal privileges, it could allow members of staff to take advantage of them.Consequently, when you are working with service users, you should be able to explain to your managers how your actions were safe, fair, considered, and proportionate or warranted. Additionally, you have a duty as an employee to take care of yourself and you must consider the impact of your actions of failings on others, and take care of them as well.Safe practice in a health and social This study source was downloaded by 100000823250788 from CourseHero.com on 04-29-2021 05:36:48 GMT -05:00 https://www.coursehero.com/file/51033931/Principles-of-Safe-Practice-in-Health-and-Social-Caredocx/ This study resource was shared via CourseHero.com