Introduction Flashcards
What is the definition of the law?
A rule or system of rules recognised by a county or community as regulating the actions of its members and enforced by penalties.
What are the 2 ways law are made and explain?
Statutes - acts of parliament.
Precedent (courts) - case law and civil law and original precedent when the judge makes the law as there is no similar previous case.
What are the 4 types of law?
Criminal, administrative, professional and civil
What is criminal law?
Laws that are between the state and its citizens. E.g acts (primary legislation made by parliament, regulations and statutory instruments (secondary legislation - rules to support primary legislation).
What are the penalties of criminal law?
Prosecutions, fines, imprisonments.
What is administrative law?
Laws between public bodies. E.g NHS law, Town Planning law and directions on how to follow laws.
What are the penalties of administrative law?
Loss of remuneration (salary), loss of contract, loss of job, loss of promotion.
What is professional law?
Laws between the state (proxy for patients) and health professionals. E.g GPhC regulatory requirements.
What are the penalties of professional law?
Removal from register
What is civil law?
Laws between citizens, professionals & their clients. E.g precedents in courts
What are the penalties of civil law?
Payment of compensation or referral to professional or administrative route.
What is negligence?
A type of tort (civil wrong) - failure to exercise the level of care a reasonable person would resulting in harm or damage. Breaching duty of care.
What is gross negligence?
Negligence that is so severe that it is dealt with as a criminal act.
What are ethics?
Rules and codes of behaviour considered to be morally wrong.
What is governance?
A framework which organisations such as the NHS are responsible for improving the quality of their services and keeping high standards of care.
What are the 7 pillars of clinical governance?
- Clinical audit
- Clinical effectiveness
- Risk management
- Use of information
- Education & training
- Staffing/ staff management
- Client/carrier experience & involvement
What are the 2 error management approaches?
Person centred approach and system centred approach
Explain the person centred approach.
Focuses on the errors of individuals and blames them for forgetfulness, inattention, moral weakness and ‘slips’ (memory lapses or selecting the wrong drug).
Explain the system centred approach.
Assumes all humans can make errors even in the best organisations. The approach concentrates on the conditions that the person works in and tries to build up defences to prevent these errors.
What is the duty of candor?
Ensures that providers are open and transparent with people who use their services.
Explain the Swiss Cheese Model.
Barriers can be physical (e.g locked drug cupboards), natural (time/distance), administrative (SOP’s, training), human action (e.g final prescription checks). Certain conditions can lead to increased errors by nibbling away at the system defences however the accident can be blocked. The earlier the accident is blocked, the greater the safety margin.
