Analysis of Case Law: Donoghue v Stevenson

The given assignment is a detailed analysis of the case law, focusing on the significance of legal frameworks in social and health care services. The content discusses the role of laws and policies in shaping healthcare decisions, emphasizing the importance of equality and fairness in healthcare facilities. It highlights the impact of relevant laws and policies on decision-making in healthcare settings, providing insights into the practical application of these principles.

Law, Policy and Ethical
Practice in Health and
Social care

Table of Contents
INTRODUCTION...........................................................................................................................1
TASK 1............................................................................................................................................1
P1 Legislature, executives and judiciary set the legal policy landscape for health and social
care...............................................................................................................................................1
P2 key features of legislation, statutory guidance, codes of practice and national and
organisational policy....................................................................................................................1
P3 Relationship between key legislation and national policies, of direct relevance to health and
social care practices ....................................................................................................................2
P4 Comparison of national and organisational policies against national professional standards3
P5 National and international human rights law for equal and faire treatment...........................3
P6 Implementation of different and relevant legislation and policies.........................................4
P7 Relationship between law, policy and ethical requirements...................................................4
P8 Impact of relevant law and policy..........................................................................................5
CONCLUSION...............................................................................................................................5
REFERENCES................................................................................................................................6

INTRODUCTION
The law, policy and ethical practices which are relates to health and social care that helps
to improve critical decision making and these are directly related to government agenda for
forming social and health care legislations. This includes policy structure sets out law that makes
policy decision and implement laws (Aveyard and Sharp, 2013). In this report various topic has
been discussed such as: legal framework in which health and social care practitioners operate,
national and organisational policy, care or support service practitioners, ethical and professional
keys relates to health and social care and law and policies that defines the ethical requirement.
TASK 1
P1 Legislature, executives and judiciary set the legal policy landscape for health and social care
The executives and legislature branches make up the government that helps to deals with
initiating policies and set the laws that are passed by the legislative assembly in to practice
through organs like as local authorities and armed force. The judiciary play an important role that
is to adjudicate conflicts and disputes between parties in lawful setting by relaying on laws that
are passed by legislative assembly.
Values and rights: Rights are based on shared values such as equality, respect,
independence dignity and fairness that are protected and defined by law. In UK human rights are
protected by Human rights Act 1998. Female genital mutilation is the procedure that defines girls
and women have rights to control and say no to FGM what happens to their bodies.
National emergencies: The Emergency power Act 1964 is an Act of parliament which
was passed to perform actions and amend emergency law (Blumenthal-Barby and Burroughs,
2012). Some common emergencies may be happens such as blocking property of people
undermining democratic process, blocking property of someone contributing to the conflict of
democratic republic, continuation of export control regulation, etc.
P2 key features of legislation, statutory guidance, codes of practice and national and
organisational policy
International occupational standard and code of ethics are based on principles of ethics
and values. The purpose of occupational health is to serve the health and interpersonal well being
of employees collectively and individually.
1

According to law legal cases may be either civil or criminal, in civil cases victim of the
crime basically pursues his claim for compensation and civil cases includes: money, property, an
injury, housing etc.
In criminal cases court may enforce a convicted defendant to pay fine as a punishment for
crime. It includes some criminal cases such as intent to rob, intent to rape, kidnapping, murder,
manslaughter, etc. Following features of legislation, statutory guidance, codes of practice are
given as below-
Enforceability: An effective action which is enforceable by law. For instance, In UK a
contract or agreement between persons that legally compel the performance of other which is
enforceable by law (Bullis, 2013). There id need to take corrective action which is formed by
law.
Ease of reading and application: Readability test formed to indicate how difficult a
paragraph in English is to understand. This is the basic requirement in many other states that help
easy to read with short sentences. For instance, if a person want to set up his business in UK then
there is need to understand their language and should have ease reading and application that
helps to run his business.
Relevance to healthy and social practice: This Act contains issues relating to
workplace health, safety and welfare of workers. In this Act employees have a general obligation
to take care of others and collaborate with employer's to meet health and safety requirements. For
instance, Tesco which is situated in UK wants to increase his business area for this it need to be
continuity of employees. Company should follow some legislation that should be relevant to
healthy and social welfare which helps to attract employees.
P3 Relationship between key legislation and national policies, of direct relevance to health and
social care practices
Legislation is law which has been enacted by government body or legislature. There are
number of legislative regulations and measures that help to support healthy and safety at
workplace. Law has been passed by legislature and signed by an executive. They are binding on
everyone and can not be changed except by going through the whole process again. Policies on
the other hand is not a law but is some sort of guidance (Cassidy, Faucher and Jackson, 2013).
Laws that are set by legislations are set principles, standards what provides a procedure that must
be followed by individuals who are working in health and social care industry. To follow these
2

laws there must be some rules and policies that are defined at national level to improve health
care facilities. Policies are designed in such form that it contributes towards achievements of
certain goals and objectives. Government policies describes an objective or course of action
planned by the government to achieve object of good and and social care facility at national
level.
P4 Comparison of national and organisational policies against national professional standards
National Policies Organisational Policies
National policies are designed for all
organisational available throughout that nation
(Reamer, 2013).
Organisational policies are designed
specifically for an organisation and differs with
the rules and regulations of particular
organisation.
Policies that are designed for health, social
care and community support at national level
are situated on the country-specified
government policy page.
Policies that belongs to specific organisation of
health and social care are usually located on
public domain website of relevant health, care
or support service providers.
Procedure that is used by government or health
care department for determining national
policy is unique and various facts and figures
are considered at national level to determine
these policies. These policies determines the
manner in which different organisations should
design their policy structure.
Policies that are designed for an organisation is
subordinate to national policies and law of the
country as no organisation can overrule
national policy. These policies are subject to
judicial supervision, principals of national
justice and are designed in such manner that all
the rules and regulations are complied
efficiently.
National policies have effect at large scale as
these are enforced and sanctioned by using a
defined and complex procedure.
Organisational policies are easy to design and
differs for each organisation and simple
procedure is followed to design it and change.
P5 National and international human rights law for equal and faire treatment
When human rights are used for equal and fair treatment of each and every individual in
health, care and support services then various common laws are used (Szebehely and Trydegård,
3

2012). Universal human rights gives instructions to each and every person to claim for their
rights. In Human Rights Act, 1998 it is defined that government, police and local council will
treat each and every individual equally with fairness, dignity and respect. Together with this
European Convention on Human Rights, 1950 gives protection of human rights and fundamental
freedom. These rights when applied in health and social care facility then individuals all over the
universe have equal right to be treated fairly and in same manner as other (Chretien and Kind,
2013). It will be termed as fair to health, care and support services to give equal right to each
person regarding right to life. This will be achieved by prohibiting any inhuman and degrading
treatment with any life. To give care and support to individuals they are provided with right to
privacy and family life and no discrimination is provided to them on any basis. Laws that are
designed at national and internation level brings awareness among common people about their
rights and helps in gaining fair treatment for all.
P6 Implementation of different and relevant legislation and policies
While conducting health care and safety practices organisations needs to follow various
legislations that are relevant to them. Equity legislation protecting the rights of specific
individuals or groups. While practising right of persons with disability must be taken care as per
United Nations Conventions held in the year 2008. together with as per UN Convention on
Rights of a Child (1989) is also relevant in safe and healthy conduct of various practices by
health care organisations. No discrimination is provided to women in any for as in UN
Convention held in 2001 it was prescribed. Organisations as per the principles of the Care Act
2014 are adopting a hospitality approach to promoting an individuals overall well being.
Organisations use to maintain confidentiality of all the patients and their treatment that helps in
protecting data (Dye, Reeder and Terry, 2013). Information is shared only when it is necessary
and as per statutory orders.
P7 Relationship between law, policy and ethical requirements
Law that is designed for health and care settings in the country is Health and Safety Law
that provides set rules that needs to be followed in the country. Policies in the country are
designed to have effective implications of legal system as these describes the manner in which
law is implemented. “Donoghue v Stevenson [1932]” is a case law that is based on Health and
Safety Law. In this case Mrs. Donoghue suffered an injury by consuming alcohol which was
manufactured by Stevenson. As the beer bottle contained a decomposed snail and it is not ethical
4

on the part of manufacturer. As adulteration in consumable have impact on health of person and
it is the duty of each manufacturer to give proper care. As per law House of Lords decided that
the manufacturer was liable for the act. Negligence is the origin of this mistake and it forms the
basis of all the current rules and policies. All these helps in taking reasonable care to ensure the
health and safety of employees and others who are consuming the product manufactured. Laws
that helps in deciding the case law is followed by various policies and requires that all the
individuals who are working in health care industry must follow these rules. As one breach and
negligence my ruin others life without any fault. So, it can be said that laws and policies helps
each individual of the nation to act in ethical manner (Donoghue v Stevenson, 1932).
P8 Impact of relevant law and policy
In case of “Donoghue v Stevenson” it can be seen that when a mistake has been
performed by any individual the judgement of the law is based on the basis of law which is
violated. In present case scenario the doctrine of negligence plays important role in deciding case
law. As per law it is the duty of manufacturer to give full attention in manufacturing process so
that no spoilage took place. Together with this as per Health and Safety Law goods that are
provided to consumers must be of good quality so that no effect on health can be noticed. So,
both the laws gives basis for deciding case and decision of House of Lords are highly effected by
relevant laws and policies. It would have been a challenging task for judges is the laws are not
made as variation in the act can not be find out in the particular case. Through calculating
variations it becomes easy to decide case.
CONCLUSION
From the above case law it has been concluded that legal framework that is designed in
social and heal care services is highly appreciated to bring awareness among large number of
individuals. Laws of the nation is designed for service practitioners by describing a legislation
and national policy for organisations. There are various human rights that influence and inform
the equal and fair treatment of others in health care facility. Law and policies of the nation are
interlinked and helps in deciding various cases and gives basis to identify variation in the set
laws and current performance. Government of the country works on the basis of laws that brings
equality and fairness in health care facility of nation.
5

6