Professional issues VIva Flashcards
4 main arenas paramedic face accountability for their actions
Criminal law
Employer
Professional body
Civil law
4 main purposes of a professional body (e.g. HCPC)
Protective function - protect the public and the registered professionals.
Deterrent function - deters registrants from breaching standards and duty of care. Rules and standards in place.
Regulatory function - ensuring registrants maintain competence, CPD etc. 2 year audit.
Educative function - helps to notify and educate registrants.
(Griffith & Tengnah, 2014)
4 elements needed to be present for negligence to be proven
Must be duty of care-owning a dog
Breach of DOC- you know your dog can be agressive but still let it off the lead in a childrens play ground and it bites a child.
Reasonably foreseeable- If the dog wasnt off the lead a child would be unharmed.
Resulting in harm- the child suffered from a severe bacterial infection.
Elements needed to be present for negligence to be proven
Must be duty of care.
Breach of DOC.
Reasonably foreseeable.
Resulting in harm
Compare ‘standard of care’ and ‘duty of care’
Standard of care - required level of proficiency, competence, professional. (Bolam test: measured against similar practitioner for their opinions.)
Duty of care - legal and moral obligation to ensure the health, safety and well being of the patient.The case of Kent v Griffiths focused on the determination of whether the London Ambulance Service (LAS) owed a duty of care to an individual who suffered harm due to the delayed response of the ambulance. The court emphasised that the LAS, as a provider of emergency medical services, had a duty to respond promptly and adequately to calls for assistance. The delayed response in this case was deemed to be a breach of this duty, leading to the harm suffered by the claimant. Case asthma attack that lead to respiratory distress.
Name/describe some model(s) of health promotion
Stages of change model - different changes we go through when making changes. Precontemplation, contemplation, determination, action, maintenance, recurrence.
Health belief model - model developed to explain and predict health-related behaviors.
Tannahil - three overlapping spheres of activity: health education, prevention, and health protection.
The 6 C’s of care
Care
Compassion
Competence
Communication
Courage
Commitment
The 9 protected characteristics of the Equality Act
Age
Disability
Gender reassignment
Marriage and civil partnership
Pregnancy and Maternity
Race
Religion or belief
Sex
Sexual orientation
The 4 main principles of medical ethics
Respect for Autonomy
Non-meleficence
Beneficence
Justice
What is autonomy? (Principle of medical ethics)
People have the right to control what happens to their bodies. (An informed, competent adult, can refuse or accept treatments)
What is beneficence?
Doing good for the patient. Each situation and patient should considered individually
What is non-maleficence?
Non-maleficence is a fundamental principle in medical ethics which dictates that medical practitioners have a duty to do no harm or allow harm to be caused to a patient through neglect. Prevent harm from occuring
What is justice?
What is right and fair in any given situation.
(E.g. Two patients with chest pain/same symptoms, should receive the same level of triage, care, treatment)
What is the doctrine of double effect?
Doing something morally good, but may have morally bad side effect. (E.g. Cannulation)
List and/or describe the 7 Caldicott principles
- Justify the purpose of using the info.
- Don’t use unless absolutely necessary.
- Use minimum necessary data.
- Access is on a need to know basis.
- Be aware of responsibilities.
- Understand and comply with the law.
- Duty to share and duty to protect info.
What is accountability?
Answerable for your acts or omissions. Taking responsibility.
What is medical negligence?
An act or omission where failing to provide level of care that is expected, thus resulting in harm.
(Remember the things for it to be proven i.e DOC, Breach DOC, Reasonably foreseeable, Resulting in harm.)
Explain the key elements for consent to be valid
Must be/have:
Voluntary - free from manipulation/coercion.
Informed - be given all the relevant information.
Mental Capacity - must be mentally competent.
How can consent be given?
Verbally
In writing
Non-verbal/implied (e.g. holding arm out for BP)
When is consent not needed?
- Lacks capacity due to illness/injury and requires treatment. Acting in best interests.
- Risk to public health (notifiable diseases).
Name types of discrimination
Direct.
Indirect.
Positive.
Victimisation.
Harrasessment.
Discrimination by association.
Discrimination by perception.
What is Gillick competency?
Under age of 16 and having enough intelligence, competence and understanding to fully appreciate the risks and/or benefits of their treatment. Refusal can be overruled by parent/guardian.
What is respect?
Due regard for the feelings, wishes, or rights of others.
What is dignity?
The kind of care which supports and promotes independence, and not undermine them despite their differences.
List types of abuse.
Sexual.
Financial.
Physical.
Emotional.
Modern slavery.
Neglect.
Organisational.
Domestic.
Discrimitory.
What are the 5 principles of the MCA 2005?
Always assume capacity.
Support decision making.
Act in best interests.
Can be unwise decision.
Least restrictive.
SCALA. Support decision making. Can be unwise decision. Always assume capacity. Least restrictive. Act in best interests.
Describe the 2 stage mental capacity test.
Stage 1 (Diagnostic) - is their a temporary/permanent impairment of mind or brain. If not then has capacity. If not then stage 2.
Stage 2 (Functional) - can the individual:
- Understand the information relevant to the decision.
- retain the information.
- use or weigh up that information.
- can they communicate their decision.
Name some models of reflective practice/documentation
Johns model- five cue question: describing the experience, reflection, influencing factors, could I have dealt with the situation better and then learning points.
Gibbs reflective cycle - Description, Feelings, Evaluation, Analysis, Conclusion, Action plan.
Atkins & Murphy - awareness, describe, analyse, evaluate, identify.
What was the Marmot review?
Published 11th Feb 2010. To address the social issues affecting health. E.g. The conditions born into, grow, live, work, age.
6 policy objectives about fairer society, best start in life for children, healthy standard of living for all, fair employment.
What is the HCPC and its purpose?
The health and care professions Council. To protect the public. Maintain register. Assess and maintain competency, standards of registrants. Ensuring they practice safely, legally and effectively. (Remember functions - protective, educational, deterrent, regulatory functions).
What was the Francis report?
Following failings identified in care of Mid Staffordshire NHS foundation Trust. Patients being left soiled. Hungry. Thirsty. Unavoidable deaths. Poor care. Report published 6th Feb 2013. Robert Francis. Made 290 recommendations.
What is duty of candour?
Being open and honest when something goes wrong. Inform patient and management. Apologise. Explain. Offer support and advice. PALS. IR1.
Be open and honest with a service user, or carer, when something goes wrong. This means telling them what has happened truthfully, fully and promptly, and explaining any likely side effects.
Apologise to a service user, or their carer, when something has gone wrong.
Take action to put things right where possible, and explain this to the service user, or their carer.
Follow appropriate arrangements for incident reporting, notification and escalation.
What is the Mental Capacity Act 2005
To protect and empower people who may lack the mental capacity to make their own decisions about care. Applies to over 16 years. Overseen by Court of Protection if any disputes/breaches.
Examples of people who may lack mental capacity.
Dementia.
Severe learning disability.
Brain injury.
Mental illness.
Unconscious.
Acute illness/injury.
What is deprivation of liberty?
Depriving someone of their freedom. Placing restrictions on a person, often someone who lacks capacity. ACID test. Case by case basis. Provider needs to apply to local authority for further assessment and legal authorisation. (DOLS)
What is the court of protection?
Oversees operation of MCA 2005, deals with issues, disputes. Health and financial matters.
The Court of Protection is a court that deals with decisions or actions taken under the Mental Capacity Act.
What was the Caldicott report?
Review commissioned in 1997 by chief medical officer of England, Fiona Caldicott. Focused on how patient information used in the NHS, following concerns of information breaches. Developed the 7 principles.
Legislation relevant to confidentiality.
NHS act 2006.
Health and Social Care Act 2012.
Data Protection Act 1998.
Human Rights Act 1998.
Explain the 2 questions of the ACID test (DOLS)
The test states a person is deprived of their liberty if:
- They are subject to continuous supervision and control.
- are not free to leave.
What are the Fraser guidelines?
Used specifically to decide if children can consent to sexual health advice, contraception, treatment. Without parental consent. Weighs up risk vs benefit to child. E.g. not giving contraception, then likely to get pregnant. Must be Gillick competent.
