Duty of care in care settings
Learner outcome: the learner will understand how duty of care contributes to safe practice.
Assessment criteria: the learner can
1.1 Explain what it means to have a duty of care in own work role
1.2 Explain how duty of care relates to duty of candour
1.3 Explain how duty of care contributes to the safeguarding or protection of individuals
Outcome 1.1: Explain what it means to have a duty of care in own work role
As an Emergency department assistant (EDA) working within a hospital environment I have a duty of care towards my patients. A duty of care is a legal obligation that requires me to act in the best interests of an individual who is receiving care. I am expected to provide good quality care that is of a high standard. This includes a duty to protect patients from harm or abuse and to undertake training to develop my professional practice, to ensure that standards are kept high. I am required to ensure that all patients are treated with dignity and respect are included in decision making and are given a choice. This is ensuring us we are putting equality into practise.
Outcome 1.2 Explain how duty of care relates to duty of candor
Every healthcare professional must be open and honest with patients when something that goes wrong with their treatment or care causes, or has the potential to cause, harm or distress. This means that healthcare professionals must:
• tell the patient (or, where appropriate, the patient’s advocate, carer or family) when something has gone wrong
• apologise to the patient (or, where appropriate, the patient’s advocate, carer or family)
• offer an appropriate remedy or support to put matters right (if possible)
• explain fully to the patient (or, where appropriate, the patient’s advocate, carer or family) the short and long term effects of what has happened.
Healthcare professionals must also be open and honest with their colleagues, employers and relevant organisations, and take part in reviews and investigations when requested. They must also be open and honest with their regulators, raising concerns where appropriate. They must support and encourage each other to be open and honest, and not stop someone from raising concerns.
1.3 Explain how duty of care contributes to the safeguarding or protection of individuals
Duty of care plays a big part in the way policies are carried out in a setting. For example, when a case requires the knowledge of safeguarding, the practitioner should know the crest procedures to take with regards to the needs of the child. This applies to all policies that need to take action.
Risk assessment- carrying out and reviewing risk assessments for all of the activities we do. This is why I ensure risks concerning equipment, venues and activities are minimised and therefore reducing the risk of injury or harm to the patient. Recognising potential hazards and eliminating them, this could include infectious diseases, or illnesses spreading throughout the setting.
Policies and procedures- having clear rules and boundaries ensure that both adults and children who have the ability and capacity, know how to conduct themselves within the setting, by this I mean no behaving in ways that could cause distress or harm to others within the setting.
Conforming to legislation- by adhering to laws such as health and safety and safeguarding, I am working within the law which is there to protect both adults and children and those who work with them.
Understanding signs of neglect/abuse- as a health care professional working in the emergency department we get individuals, both adults and children, I have a duty of care to all patients that I should notice any signs/indications and be familiar with what they may be towards abuse or neglect and should report it to the relevant and appropriate individuals. It is vital I recognise these issues and report them straight away, this then becomes an acceptable way to breech confidentiality.
Learner outcome: the learner will know how to address conflicts or dilemmas that may arise between an individual’s rights and the duty of care
Assessment criteria: The learner can
2.1 Describe conflicts or dilemmas that may arise between the duty of care and an individual’s rights
2.2 Describe how to manage risks associated with conflicts or dilemmas between an individual’s rights and the duty of care
2.3 Explain where to get additional support and advice about conflicts and dilemmas
Outcome 2.1 Describe conflicts or dilemmas that may arise between the duty of care and an individual’s rights
Conflicts and dilemma that may arise between the duty of care and individuals rights could be staff having a difference of opinion over an individual. An example of this may be a staff member believing they have signs of abuse and another staff member thinking they don’t. this could lead to conflict between the individuals family/carers if the staff start to involve other agencies such as social services. Dilemma could be knowing when to get further help regarding child/adult protection and safeguarding issues. An example of this may be that you did not refer the case to social services. Dilemma could know when to get further help regarding child or adult protection and safeguarding issues. An example of this may be that because you did not refer this case to social services the individual might still be suffering from abuse or neglect.
Outcome 2.2 Describe how to manage risks associated with conflicts or dilemmas between an individual’s rights and the duty of care
There are many ways to deal with risks that are associated to individual’s rights and the duty of care. It is an important role of the job, to face a dilemma regarding the balance between the duty of care and the patient’s rights. An individual’s choice may not be suitable and may clash with others or their own independence. This could lead to them causing risk to themselves or others around. There are other ways that this could also be done such as carrying out observations or risk assessments. Whilst working in a busy environment such as the emergency department sometimes the risk is not visible which makes it difficult to fix these barriers. Majority of the time we have patients come into our department who go against our rules and act in a manner which could cause them harm or could be dangerous, however if the service user still wishes to put themselves at danger then you have to make sure the environment around them is safe. You can do this by meeting legislations and department requirements. This is to ensure you are providing a good duty of care and meeting standards. You have also got to explain the risks to the patient and if they continue to not do as they’ve been told then you’ve got to document you have told the patient the risks. This is so the paperwork has been updated and so you have a ‘reference’ in case you need it later on.
2.3 Explain where to get additional support and advice about conflicts and dilemmas
You can get additional support and advice about conflicts and dilemmas from sources such as:
• Colleagues
• Manager
• Friends/ family
• Internet
• Following policies and procedures
• Social worker or any other profession
Learner outcome: know how to respond to complaints
Assessment criteria: the learner can
3.1 describe how to respond to complaints
3.2 explain policies and procedures relating to the handling of complaints.
3.1 describe how to respond to complaints
There are many ways in which you can deal with a complaint such as: listening to the complaint, offering advice on to deal with the complaint, such as contacting someone higher to discuss the complaint and what can be done about it. Always document the complaint and how you have responded to it.
