Case Study Criterion Flashcards
legal principles that are relevant to this scenario
Consent, negligence, confidentiality
Elements for legal consent
Voluntary/no coercion
Cover Procedure
Competent
Infromed
Types of consent
implied
verbal
written
Can patient consent to the procedure
are they legally a child?
Competence identified/explanation given
Gives consent?
Gillick case
emegency
the requirements for a successful claim of negligence
Duty of care + proximity + foreseeability
Breach of duty of care + omission/commission
Wring Acts 1956, Wrong amendment act or any others that are relevent
-Loss/injury/damage sustained
-Physical/psychological/economical harm
causation: linked relationship between the negligent conduct and the damage sustained injury
Vicarious liability
shifts financial responsibility from the individual/transfer responsibility for heal professional to the employer
-employer is responsible for those in employ:
-is individual an employee
-did it occur in scope of employment
Refusal of Treatment
-Common law: legally competent patients have always been able to refuse treatment
-gillick competent/minor and parent has authority, needs to be involved
-discussion regarding risk of leaving
-Refusal of treatment
Privacy/confidentiality
-Difference between privacy and confidentiality
access to health record: Freedom of information
-privacy act 1988
-Health Records Act 2001
Privacy refers to a person’s right to control access to their personal information.
Confidentiality is an ethical duty to protect patient information shared in a healthcare setting.
Professional Issues
-Unprofessional behaviour/conduct
-inaccurate documentation
-breach of employe guidelines/policies
-AHPRA codes of conduct/ethics/health practitioner act
-Outcomes e.g further education/suspension/limitations on registration and counselling
Staffing
Safer Care Act
-Numbers of staff/patient
