legal

Question 1

Legal Duties:

Answer 1

1) The duty of care
2) The duty to act in good faith
3) The duty to obtain informed consent

Question 2

The Duty of Care:

Answer 2

• Common law:
o Practice physiotherapy agreeing with profession’s accepted standards to avoid foreseeable risk of injury to patients.

• Statutory Obligation (made from government/written law):
o A person breaches duty to take precaution against a risk when:
♣ Risk was foreseeable/predictable
♣ It was significant
♣ A reasonable person would have taken precautions
o The court will consider the following when deciding whether a reasonable person would have taken precautions:

Question 3

Standard of Care for Professionals:

Answer 3

♣ The professional acted in a way that was widely accepted as competent practice by a significant number of respected practitioners in the field.
♣ Does not have to be universally accepted, just widely accepted by respected practitioners.

Question 4

The Duty of Good Faith:

Answer 4

• Must act in the patient’s best interests
• This must be actual and apparent (i.e. appear to be and actually be)
• E.g. don’t over-treat, do not have personal relationship, don’t involve patients in personal financial/business matters, don’t refuse to treat because detriment to you.

Question 5

Consent and Informed Consent:

Answer 5

• Duty to inform the patient of material risk:
  o Risk is material if a reasonable person would attach significance to the risk, or
  o If practitioner aware that patient would attach significance.
• Duty to obtain consent to examine/treat:
  o Implied or express permission from patient to be touched/examined/manip.
  o More personal/private/potentially embarrassing the task need to obtain express consent.

Question 6

Health Practitioner Regulation National Law Act

AHPRA

Answer 6

Establishes Physiotherapy Board of Australia rego, investigating complaints, refer complaints to AHPRA and impose discipline.
È Are to protect the public, build confidence in the procession of complaints and promotes high standards of service

Question 7

Health Service Complaints

Answer 7

• Complaints are made to the Health Ombudsman who decides whether to accept or reject it
• Mandatory that employers must notify AHPRA of notifiable conduct

Question 8

Professional Misconduct

Answer 8

È Conduct that is substantially below the standard expected by someone with their qualifications
È Multiple small incidences may amount to below standard of practice
È inconsistent with being a person fit to hold their registration

Question 9

Unprofessional Conduct

Answer 9

È A conviction for an offence that affects the clinicians suitability to continue to practice the profession
È excessive and unnecessary services for the person’s wellbeing
È Influencing or attempting to influence another clinician in a way that will compromise care
È Accepting benefit as a bribe, consideration or reward for referring someone to a health service provider. (vice versa)
È If referral/recommendations are based of a financial agreement then this must be disclosed to the client

Question 10

Unsatisfactory Professional Practice

Answer 10

• Knowledge, skill, judgment or care demonstarted by the clinician is below what is expected

Question 11

Privacy Act:

Answer 11

• Deals with: collection of data, security of data, quality of data and disclosure of info.

Question 12

Professional Writing:

Answer 12

1. Why am I writing (what’s the purpose clinical notes, testimonial etc.)
2. Understand the Question (differentiate facts and conclusions)
3. Stick to Facts (not conclusions)
4. Draw conclusion (from the question and the facts)
5. Consider who is reading it