Duty of Care Unit12 Essay

869 Words Dec 23rd, 2012 4 Pages
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Samantha Macdonald
Unit 12 : principles for implementing duty of care in health, social care, or children’s and young people’s settings

Duty of Care
Lord Atkin defined the duty of care when he gave judgement in the case of Donoghue v Stephenson (House of Lords 1932 relating to a case of a “snail” found in ginger beer sold to a customer” ). He said that:
"You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour. Who, then, in the law is my neighbour? The answer seems to be persons who are so closely and directly affected by my act that I ought to have them in contemplation as being so affected when I am directing my mind to the acts or omissions which are
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This could lead to conflict between the child’s family and carers if staff involved other agencies such as Social Services. Dilemmas could be knowing when to get further help regarding child protection and safeguarding issues for example if you did not refer the case to social services the child might still continue to suffer abuse. Another dilemma would be knowing when to break confidentiality and share information. If you have any concerns about a child or feel they are at risk you need to share them and report it, it is always better to be safe than sorry. |
12.2.2 Describe how to manage the risks associated with conflicts or dilemmas between an individual’s rights and the duty of care If a patient’s family want to do something that is unsafe or risky for example a child’s family being a Jehovah’s witness and the family did not want the child to have a much needed blood transfusion that is their choice and I must respect their rights , but I also have a duty of care to do all I can to keep them safe . A risk assessment that involves the family should be performed so they fully understand the risk they are taking. I they still go ahead I have all done all I can be expected to do under my duty of care. |
12.2.3 Explain where to get additional support and advice about conflicts and dilemmas I

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