A Legal Framework for Caring: An introduction to law and by Lucy Fletcher, Paul Buka

By Lucy Fletcher, Paul Buka

There's now significant nervousness among nurses and allied well-being execs as to how they need to negotiate the capability minefield of criminal niceties, specialist dictates and diminishing assets in ultra-modern healthiness provider. Practitioners and scholars want a understandable creation to criminal matters that is rooted within the realities of daily perform. This e-book is an immediate reaction to that want, with its transparent exposition, practice-based case stories and an exam of a number of the Codes perform.

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In addition to court action, the professional body to which the individual practitioner belongs may institute its own proceedings, which may result in professional disciplinary action. Furthermore, the employer may also sue the employee who is in breach of duty of care for civil damages as well as following disciplinary procedures under employment law. Professionals will be judged by the courts according to the standards of their profession. This is called the Bolam test, following a case in which an anaesthetist successfully defended a malpractice action after it was established that he had followed established practice (Bolam v.

In health care, an example of this might be provided by a nursing home that contracts therapy services from a self-employed chartered physiotherapist in independent practice. By the time someone applies for a particular job, the employer has usually devised a job description or job specification. The details normally specify the grade of staff required, management links and the place of work. In large organisations where pay is allotted to particular scales, the pay scale and pay rates are also included.

Staff who observe an incident that they feel may be unacceptable, in that there is a risk to either the client or themselves and other carers, should report it immediately to their manager, making a documentary record of the incident. Professional students should also discuss the matter with their college. Students are often in a very difficult position in that they are 'passing through' on a placement and may later wish to seek employment in that, or a similar, area of practice. A further source of guidance and support for a person who feels that clients or staff are being placed at risk through malpractice may be gained from trade unions and professional organisations, some of whom, in order to support their members, have developed guidelines on whistleblowing and the correct procedure to adopt.

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