Ethical And Professional Profession In The Case Of Hedley Byrne Hellers

Analyze the concept of a profession and explain the ethical and professional obligations of practitioners
A profession can be said to be a vocation founded upon specialized educational training, of which its purpose is to supply objective counsel and service to the others, for a direct and definite compensation .
It denotes an occupation that professes to develop a system of knowledge in a special problem area such as religion, health or law . The special knowledge that they have gives them an upper hand over other members of society given that they know better than the rest of the general population. Professions have tightly organized bodies that set standards for proficiency, regulate entry into their own organizations, grant licenses for
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Duty of care and skill. A practitioner has a duty to act towards others and the public with caution, attention, watchfulness and prudence that a reasonable person in the circumstances would. If the practitioner’s actions don’t meet the standards of care then the acts are considered negligent. In the case of Hedley Byrne Heller and Parties , it was held that if somebody was giving out professional advice aware that the person was relying on them for their expertise, the person could not argue that because there was a contract for the service they could not be held liable. The fact of non payment of fees does not absolve one from responsibility of advising the clients with the case and skill expected of a …show more content…
Confidentiality. This refers to the private, non-disclosable nature of information obtained in the communication between a client and practitioner . In the case of Peter Mule Mutungu V Kenyatta National Hospital [2013]eKLR; Khaminwa J acknowledged the existence of doctor patient confidentiality with regard to medical documents. Confidentiality safeguards a client’s right to privacy. Whenever any limitation or exception exists to complete confidentiality the practitioner should explain these limits of confidentiality before continuing in a professional relationship with a client. Confidentiality applies to all written records . According to rule 20b of the iit is stated that the rule of privilege between and advocate and his client is to ensure that the client can confide completely and without reservation in his advocate

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