Professionalism - Law Flashcards
What are the 3 components of Professional Accountability
The individual’s professional accountability for the quality of his or her own work
The accountability of health professionals within their organisations
Accountability (with others), as a senior member of staff, for the organisations’ performance and more widely for its provision of local services
What is a professional
A profession is a disciplined group of individuals who adhere to ethical standards
This group positions itself as possessing special knowledge and skills in a widely recognised body of learning.
What are the 4 areas of accountability
Professional
Organizational
Civil
Criminal
What is a TORT
TORT is a branch oflawthat imposes civil liability for breach of obligations imposed bylaw.
What are the 3 main types of TORT
Intentional torts: An act intentionally committed against another person with the aim of causing harm e.g assault, battery, fraud
Negligence torts: conduct, or a failure to act, that breaches a duty to take care attributing to loss
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Strict liability torts: a standard of liability that holds a party responsible for their actions or products, without the plaintiff having to prove negligence or fault.
What are the 3 items that need to be satisfied for the Law of Tort to apply
The accused party had a duty to act in a certain way
Plaintiff must demonstrate the behaviour of the accused did not conform to the duty owed
The plaintiff suffered an injury or loss as a result
In order for a claiment to gain compensation what must be demonstrated
They were owed a duty of care
The defendant breached that duty of care
That as a result of that breach the claimant has suffered harm
That the harm was reasonably foreseeable as being a direct result of the defendant’s negligent action
The harm must be of a kind that the courts can recognise and compensate
Define ACTUS REUS
The accused has carried out an act, or created a state of affairs, which has led to the commission of an offence Actus Reus
Define MENS REA
The accused intended that act of state of affairs, or was negligent or careless as to the consequences of that act
What actions are required to bring Criminal actions
Brought by the crown prosecution service (CPS)
CPS has the burden of proof – beyond a reasonable doubt
If the defendant loses they are found guilty
Penalty = discharges (suspended sentence), fines, community sentences and custodial/prison sentences.
What actions are required to bring a civil complaint
Brought by a private citizen
Individual brining action is called the plaintiff
Plaintiff has the burden of proof preponderance of the evidence
If the defendant loses they are found liable
Penalty = monetary damages.
Define Duty of Care
The minimum standard of the ordinary skilled man exercising and professing to have that specialist skill
What is a Reasonable Person
The “reasonable person” isa hypothetical individual who approaches any situation with the appropriate amount of caution and then sensibly takes action.
What is the Bolam Test
If a professional reaches the standard of a responsible body of medical opinion, they are not negligent, standards should be judged by one’s own peers
What is the Bilotho Test
Bolitho test: the defence could not be considered reasonable if the body of doctors or supporting witnesses were not capable of withstanding logical analysis - the defence and its body of opinion must be reasonable and responsible.
