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Duty of Care Nursing Times Live Manchester 2005

Introduction. Definition of Duty of CareWhat does it mean in reality?Who does it apply to?Legal aspects of careHow would you use it?What happens when things go wrong?. Duty of Care. Always act in the best interests of the clients

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Duty of Care Nursing Times Live Manchester 2005

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    1. Duty of Care Nursing Times Live Manchester 2005 Gail Adams Head of Nursing UNISON 0207 551 1317 gail.adams@unison.co.uk Agenda for Change www.unison.org.uk/health/a4c

    2. Introduction Definition of Duty of Care What does it mean in reality? Who does it apply to? Legal aspects of care How would you use it? What happens when things go wrong?

    3. Duty of Care Always act in the best interests of the clients & their care needs Let no act or omission on your part be detrimental to their care Act within your competence and decline to take on something if you do not believe that you can safely expedite it.

    4. What does the Duty of Care imply? Keep knowledge & skills up to date Provide service at the standard of the reasonable person Know what must be done to ensure that the service can be provided safely Keep accurate records as appropriate Only delegate work or accept it when it is safe to do so Protect confidential information except where it conflicts with public interest or safety.

    5. Who does it apply to? Every health worker has a duty of care not just towards clients but to themselves and their colleagues It can be applied to every aspect of your work, from duties that you undertake to equipment that you may need to use to carry out your work safely

    6. It’s NO defence to simply claim... Oh! “I was too inexperience to carry out the task.” “I was instructed to work unsafely.” “I had inadequate resources to do the job safely.”

    7. Legal aspects of care (1) Whistle blowing - Public Disclosure Act 1998 Health & Safety Act 1974 The Management of Health & Safety at Work Regulations 1999 The Employment Rights Act 1996

    8. Clinical Standards of Care National Institute of clinical excellence (NICE) Commission for Health Improvement (CHI) soon to be Commission for Health Audit & Inspection (CHAI) Clinical Governance National Service Frameworks (NSF)

    9. Legal Aspects of Care (2) DoH guidance on consent in light of Bristol and Alderhey The courts normally apply the test of “what could be expected of the reasonable man”. However the phrase “reasonable” is seen in a different context with professionally trained individuals as a result of the standard of training, which they would have received UNISON publication “Duty of Care” seeks to reflect on all aspects of legislation, which is pertinent to this duty

    10. How can you use the Duty of Care? (1) Employment policies should exist within your organisation to cover the legislation referred to earlier. Be conversant with them. If you have concerns about a client’s care needs not being met, a colleague’s competence or equipment that may have a detrimental effect on client or staff care you should raise your concerns and make them known.

    11. How can you use the Duty of Care? (2) If you are unsure of how to express concern, speak to your UNISON representative, they may be able to do it for you. Document your concerns & keep a copy for your own records. If you remain unhappy or if you do not feel that your concerns are being listened to, go higher.

    12. How can you use the Duty of Care? (3) If your manager asks you to do something and you don’t feel competent to do so - speak out. It is acceptable to say that you are unable to carry out an instruction because you have not been trained or you don’t feel you can do it safely. Client safety & needs must come 1st, 2nd & 3rd.

    13. Things can and do go wrong Bristol - higher infant mortality rates when compared to similar units. It took an anaesthetist to speak out - fear had to play a role in this. Alderhey, Harold Shipman, Victoria Climbié, David Bennett enquiry - have all contributed to the public questioning the profession... and health workers questioning themselves. All are tragic events, but should not have been allowed to happen. Confidentiality can be breached in the correct circumstances. When uncertain, seek advice.

    14. Bear in Mind Statutory rights e.g. health & safety, whistle blowing, discrimination. Clinical governance, supervision, appraisals, CPD & an open learning culture. NHS HR strategy - treating staff well improves patient care. Social partnership - staff should have influence over working environments.

    15. Conclusions Duty of Care is a right and an expectation for all staff and clients. If you have concerns regarding any aspect of client / staff care or safety speak out. If you are not sure how to do this then speak to your union representative. If you’re not in a union join one NOW - come and see us on Stand E2 If you’re not being listened to, document your concerns & go higher, give deadlines for responses to letters. Document, document, document & keep your own records.

    16. Final Thoughts “Our lives begin to end the day we become silent about things that matter.” Martin Luther King Jnr

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