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PHTY3280 > Legal Issues > Flashcards

Legal Issues Flashcards

1
Q

What are the 3 main legal duties?

A
  1. Duty of Care
  2. Duty to act in good faith
  3. Duty to obtain informed consent
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2
Q

What is the duty of care?

A

(at common law):
To take reasonable care to practice physio in accordance with the professions accepted standers in order to avoid foreseeable risk of injury to patients

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3
Q

How to meet duty of care?

A
  1. how obvious is the thing that gives rise to risk
  2. what are the potential consequences
  3. what can be done to overcome the risk
  4. is the patient relying on you to be safe
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4
Q

Duty of Care (statutory obligation)

A

Person does not breach unless:

  1. risk was foreseeable
  2. risk was not insignificant
  3. a reasonable person would take precautions
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5
Q

To decide whether a reasonable person would take precautions, court considers…?

A
  1. probability that harm would occur if care not taken
  2. likely seriousness of the harm
  3. burden of taking precautions
  4. social utility of the activity
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6
Q

Consent and informed consent?

A
  1. Duty to warn a patient of material risk

2. Duty to obtain consent to examine and treat

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7
Q

Duty of good faith?

A
  1. Common law duty that practitioner must act in the patients best interests
  2. In conflict of interest, the patients best interests must be preferred

–> Must be ACTUAL and APPARENT

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8
Q

Examples of acting in good faith?

A
  1. Don’t over treat
  2. No personal relationships
  3. Don’t share personal matters
  4. Don’t refuse to treat bc of detriment to you
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9
Q

Existing legislation for Professional Standards?

A
  • Health Practitioner Regulation National Law Act (2009)
  • Health Ombudsman
  • Privacy Act
  • Work Health and Safety Act
  • Anti-Discrimination Act
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10
Q

Health service complaints?

A

Made to the Health Ombudsman - decides whether to accept/reject the complaint

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11
Q

What should HO do if they accept the complaint?

A
  1. Assess
  2. Facilitate local resolution
  3. Take immediate action (for notifiable matters)
  4. Investigate
  5. Refer complaint to national agency (AHPRA)
  6. Refer to QCAT (disciplinary action)
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12
Q

When is immediate action required for complaints?

A
  1. Practicing intoxicated
  2. Financially exploiting a pt
  3. Sexual misconduct
  4. Discouraging pt from seeking clinically accepted treatment
  5. False claims about benefits of treatment
  6. False claims about qualifications
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13
Q

Categories of breaches of professional conduct?

A
  1. Professional misconduct
  2. Unprofessional conduct
  3. Unsatisfactory professional performance
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14
Q

Professional misconduct?

A
  1. Conduct substantially below the standard reasonably expected of a registered health practitioner of an equal level of training/experience
  2. Multiple instances of unprofessional conduct
  3. Conduct of that health practitioner that is inconsistent with the practitioner being a fit and proper person to hold registration in the profession
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15
Q

Unprofessional conduct?

A
  1. contravention by the practitioner of the national law
  2. conviction for an offence under another Act which may affect the practitioners suitability to continue to practice the profession
  3. health services that are excessive, unnecessary or otherwise not reasonably required
  4. influencing the conduct of another reg. HP in a way that may compromise patient care
  5. accepting benefit as inducement, consideration or reward for referring another person to health service provider
  6. referring a person to another health service provider if the practitioner has a pecuniary interest in giving that referral (unless its disclosed to pt)
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16
Q

Unsatisfactory professional performance?

A

Knowledge/skill/judgement/care of HP is below standard reasonably expected

17
Q

What can the board do about breaches of professional conduct?

A
  1. Take no further action
  2. Take immediate action
  3. Require health assessment
  4. Caution
18
Q

Can’t advertise a regulated health service if…

A
  1. It’s false, misleading, deceptive
  2. Offers gift, discount, other inducement (unless stated Terms and Conditions)
  3. Uses testimonials
  4. Creates unreasonable expectation
  5. Encourages unnecessary use of regulated health service
19
Q

Other legislation?

A
  1. The Privacy Act
  2. The Work Health and Safety Act (2011)
  3. The Ant-Discrimination Act (1991)
20
Q

5 key steps for professional writing?

A
  1. Why am I writing?
  2. What is the q/problem?
  3. Stick to facts
  4. Draw conclusions based on facts
  5. Consider readers and how do I assist them?
21
Q

The privacy act deals with?

A
  1. Collection of data
  2. Use and disclosure of info
  3. Data quality
  4. Data security
  5. Openness
  6. How pts get access to their file
  7. Identifiers
  8. Anonymity
  9. Sending data
  10. Collecting sensitive info
22
Q

The anti-discrimination act deals with?

A
  1. Unlawful discrimination

2. Sexual harassment

23
Q

What’s the Health Practitioner Regulation National Law Act?

A
  • establishes the national registration body
  • establishes the Physiotherapy Board of Australia
  • imposes registration requirement
  • interacts with the HO to manage investigations/disciplinary matters

PHTY3280 (10 decks)

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