Regards to the Linda’s situation, as she wants to seek for remedies, she need to prove there is a negligent caused by Darlington Memorial Hospital. Therefore, at first she has to establish the hospital owed her a duty of care; the hospital breach a duty of care; and then the breach caused the loss. According to National Health Service (General Medical Services) Regulations 1992 , there is no problem here in establishing that Darlington Memorial Hospital owes Linda a duty of care. The primary question is whether the hospital breaches the duty. First and foremost, the court will apply the Bolam test. In the case of Bolam v Friern Hospital Management Committee , McNair J said that, ‘A doctor is not guilty of negligence if he has acted in accordance with a practice accepted as proper by a responsible body of medical men …show more content…
Although the GP declared that blood clot is rare to find, the court has rejected his claim because judges think that this is responsible to carry out the test. Hence, there are still some debates following Bolitho about what is the doctor’s responsible actions. Nevertheless, in the case of Birch v University College London Hospital , the court held that commonly the views of a medical expert is rare to be illogical and irresponsible. In addition, in Wisniewski v Central Manchester Health Authority , Broke LJ says it would be ‘quite impossible’ to argue that an eminent doctor was not logical. At the end, Court of Appeal refused the appeal regarding dismissal of negligent claim. Last but not least, Linda must demonstrate that on the balance of probabilities that negligence caused the injury. Moreover, in the case of Wilsher v Essex AHA , she has to prove that’s the only cause to cause her condition in order to establish negligence. This is because if there is an unclear reason, no negligent will be
He v A Hospital NHS Trust; 2003 EWHC 1017 (Fam), 2003 2 FLR 408, 2003 Fam Law 733.
Case Management is a discipline within the Long Term Care system. Case managers help and give guidance in the planning process of developing a care plan for individuals with different diagnoses. The case manager assesses an individual, plans the care, facilitates communication between all members of the team, coordinates appropriate care, evaluates the individual, and acts as an advocate for proper communication between the patient, family members, and the interdisciplinary team (Marion et al., 2010). Case managers are individuals who have specialized in a field within the human and health services, receiving higher education, a license or certification. This education allows case managers to be able to perform assessments on their own, within
What does ‘care’ mean? Care is the provision of what is necessary for your health, welfare and protection of someone or something. However when you talk about ‘care’ in a care practice the term changes and becomes more about enabling people to meet all their needs which would refer to their social, physical, emotional, cognitive and cultural needs. The individual is central to the meaning of care in this context.
Negligence, as defined in Pearson’s Business Law in Canada, is an unintentional careless act or omission that causes injury to another. Negligence consists of four parts, of which the plaintiff has to prove to be able to have a successful lawsuit and potentially obtain compensation. First there is a duty of care: Who is one responsible for? Secondly there is breach of standard of care: What did the defendant do that was careless? Thirdly there is causation: Did the alleged careless act actually cause the harm? Fourthly there is damage: Did the plaintiff suffer a compensable type of harm as a result of the alleged negligent act? Therefore, the cause of action for Helen Happy’s lawsuit will be negligence, and she will be suing the warden of the Peace River Correctional Centre, attributable to vicarious liability. As well as, there will be a partial defense (shared blame) between the warden and the two employees, Ike Inkster and Melvin Melrose; whom where driving the standard Correction’s van.
According to the Section 42 of the Civil Law (Wrongs) Act 2002 (ACT) “the standard of care required of the defendant is that of a reasonable person in the defendant's position– it will depend on what a reasonable man would do to lower/eliminate a foreseeable risk.” C. Proving Loss by Plaintiff and limitation of liability due to medical pre-condition? According to Graw et al there are three things that needs to be establish any claim can be awarded by courts: a. the loss/damage/harm suffered is recognise by law and can be
Continuum of Care is defined as "a system that guides and tracks patients over time through a comprehensive array of health services spanning all levels and intensity of care" according to HIMSS. The local group I chose was Kentucky One Health Saint Joseph London. When I first think of that name I think of the hospital but the group offers a variety of services at different locations. Among the services offered are anywhere care, breast care; corporate health services; diabetes and nutritional care; diagnostic imaging; ear, nose and throat care; emergency care; heart and vascular care; cancer care, maternity care, neurology care, orthopedic care, pediatric care, primary care, hosptialists, lung care, sleep care, sports medicine, and surgery. With
When it comes to homeless people there is more than meets the eyes. We see them on the streets of large cities, hidden beneath bridges, and in between alleys. They are real people desperately needing an active solution. Unfortunately, this pattern has become too normal and can prevent a person from seeking additional services. The majority of citizens see homelessness as a temporary situation rather than a chronic situation.
A philosophy that is established is neither from one belief nor one truth, but it comes from the collaboration of one’s background, experiences, and influences. My personal philosophy of care is deeply rooted from my support system. My grandmother was a nurse and my Mom has been nursing for 23 years. I think it is in my nature to have the desire to help others and join them on their journey to a healthier self.
The Act allows negligence as the sole ground unlike common law which required the claimant to establish ‘fraud’ even if negligence existed. It is believed that the ‘d...
Long term care services are required for people who are suffering from chronic illnesses. These are medical conditions that are persistent and require constant medical attention on a daily basis. These care centers are also for elderly people with a serious disability which makes them rely on others during a particular function. Long term care centers usually take on the custody of the elderly patients that they receive. They have to then take care of both medical and common needs of the patients that they serve on a constant basis.
Department of Health also published a wide range of guidance for supporting the move towards ‘normalising’ or ‘mainstreaming’ general health care for learning disability people. It is important to outline good practices in terms of respecting and treating equally people with learning disabilities. Department of Health claimed it is important ensure that each and every health care program for learning disability group must: • Involve them in developing the strategic consultation and plan on main policy issues • Producing materials in available formats • Advising the business and public sector to involve and communicate with people with learning disability The Department of Health also ensure to work with the commission and study the way forward for advocacy for all disabled people. Thus because of national and international changes taking place in services for people with learning disabilities has led to change the attitude of the society towards the issue, major policy are reviewed at government level along with substantial implications for future provision for health care services.
CONCEPT 8: BARRIERS IN PROCESS OF COMMUNICATION DURING HEALTH EDUCATION IN THE COMMUNITIES. 8.1 Introduction This concept is taken from Block 9, Module 10 which is entitled as “Health Promotion and Behavioral Change Communication (Principles and Methods of Community Health Education)”. The Joint Committee on Health Education and Promotion Terminology of 2001 defined Health Education as “any combination of planned learning experiences based on sound theories that provide individuals, groups, and communities the opportunity to acquire information and the skills needed to make quality health decisions”. Areas involved in health education include; community health,
Not only health information but also healthcare services are increasingly available online (Rains, 2008). As the locus of care is changing and the web is increasingly accessible, online and doctor-rating websites start to occur playing a notable role for patients in order to make an informed decision (Galizzi et al., 2012). A study, conducted by Murray, Burns, Tai, Lai and Nazareth (2005) investigated the Interactive Health Communication Applications (IHCA), which showed positive influence on knowledge, social support, clinical outcomes, self-efficacy and behavioural outcome. Similarly, those sites or information sources which are interactive, interoperable, personally engaging, contextually tailored are more likely to improve the quality in
Question 4: Describe the Duty of Care provided for in section 28 of NEMA, and comment on whether it is an effective tool in the protection of the environment. You may not simply cut and paste from section 28 of NEMA, but must summarize in your own words what the duty requires, what its implications are and to whom it applies. Thereafter, you should set out in your own words possible strengths and weaknesses of the duty of care as provided for in section 28 of NEMA. The Duty of Care takes into regard everyone who has, could have or might in the future cause harm to the environment and keeps them responsible for their actions.
The dictionary describes the term caring as protecting or in charge of. Similarly, when a person looks up the term nurse, the dictionary provides care as a synonym to the term nurse. Nurses contemplating about, performing and describing nursing comprehend that caring has a unique and precise meaning. When it comes to the professional atmosphere of nurses, caring is a vital value. There is a plethora of nursing theories in the world of Nursing, but one in particular focuses on the aspect of caring.