Healthcare Law Assignment PDF

Added on - 24 Apr 2021

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Running head: HEALTHCARE LAWHealthcare LawName of the StudentName of the UniversityAuthor Note
1HEALTHCARE LAWLO1The Health and Disability Commissioner has been established as a crown entity in NZ forthe purpose of protecting and promoting the rights of consumers taking health and disabilityservices as well as for the facilitation of simple, fair, efficient and speedy resolution of any issuesraised by them. The body has been established through the provisions of theHealth andDisability Commissioner Act 1994. In the light of the purpose of the body there are a fewexpress functions it carries out throughout the county in the field of heath care. The body has thefunction of promoting by publicity and education, observance of and respect for the rights ofdisability and health services consumers and specifically towards the promotion of awareness inconsumers of health and disability services as well as providers of such services about the rightsof the consumers and how such rights can be enforced by them. It is also the function of the bodyto publish reports and make public statements with respect to matters affecting the rights ofconsumers in health and disability sector which also incorporates reports and statementspromoting compliance with and an understanding of the provisions of the Act and theprofessional code of conduct. The body functions as the first platform where complaints arereceived from heath care providers and ensures that the complaints are properly addressed. Thebody has the function of investigating on a complaint made by the consumer and identifies thebreaches in relation to Code of Health and Disability Services Consumers’ Rights 1996. Thebody establishes guidelines in relation to the operation of advocacy services. The body alsorefers investigations and complaints to Director of Proceedings so that a future course of actioncan be identified. The body also has the power and functions of suggesting a person in relation toany matter regarding their interest in the health and disability services. The body makes
2HEALTHCARE LAWrecommendations from time to time in relation Minister of Health with respect to the Code. Anyfunctions which have been authorized by the minister are also to be performed by the body.Another body which operates in relation to healthcare in UK is the Human Rights ReviewTribunal. In this tribunal a claim can be initiated against a government agency or a person by anyaggrieved party or The Office of Human Rights Proceedings. TheDirector of Human RightsProceedings may also bring a proceeding before the tribunal. The representation is only madewhen it is not contrary to public interest or the issue has a question of law to be addressed.Actions can be brought by the claimant themselves if the directors do not wish to represent theproceeding. Proceedings which are brought against health practitioners in NZ are heard by theHealth Practitioners Disciplinary Tribunal. The administration of the body is done through theMinistry of health and in it scope includes doctors, nurses, dentists, chiropractors and osteopaths.The tribunal had been established through the Health Practitioners Competence Assurance Act2003 s. 84 ( 2018).LO2Healthcare services are subjected to both civil and criminal law provisions. Civil law andcriminal law are different from one another based on several aspects such as penalties, personbring the suit and standard and burden of proof required. The purpose of civil law is to addressdisputes which arise between organizations, individuals, or between both where the primarymotive is awarding compensation to the aggrieved party for losses. On the other hand criminallaw deals with legal punishment of criminal conduct and criminal activities. Criminal law has thepurpose of ensuring stability within the society and the country by methods of punishments todeter the wrongdoers to commit to such activities in the future. When it comes to civil law a
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