LO1 Explore the legal framework within which health and social care practitioners
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Added on 2020-12-10
LO1 Explore the legal framework within which health and social care practitioners
Added on 2020-12-10
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Law, Policy andEthical Practice inHealth and SocialCare
Table of ContentsINTRODUCTION ..........................................................................................................................1PART A...........................................................................................................................................1LO1 Explore the legal framework within which health and social care practitioners................1PART B............................................................................................................................................4LO2 Describe how legislation, policy (national and organisational) and standards areregarding equality and safeguarding and the importance to the health, care or support servicepractitioner..................................................................................................................................4LO3 Interpret the law in relation to key ethical and professional Practice Themes in health andsocial care....................................................................................................................................5LO4 Apply law and policy in line with regulatory and ethical requirements in a relevantpractice setting............................................................................................................................6CONCLUSION................................................................................................................................8REFERENCES................................................................................................................................9
INTRODUCTION Law is defined as the system of rules which are created and enforced by the governmentinstitution. It is one of those sectors which tells that how any specific work is required to bedone. Policies are those principles which are helpful at the time of taking decision which mainlyincludes politics, economics and even organisation also. It is helpful to achieve the rationaloutcome. Ethics are the set of moral principal which governs the behaviour of an individual. It isvery important in every aspect for individual and for organisation as well. The discussion in thefile is related with NHS Trust. The file has been divided into two part where in Part A the maintopics are of Legislation, executive and judiciary of health care in United Kingdom. When itcomes to Part B it will discuss about the fundamental importance to the health care. Also, therewill be interpretation to the law related to health and social care. In the end, this file will tell thathow laws are required to be applied with their ethical requirements PART ALO1 Explore the legal framework within which health and social care practitioners.Given Scenario: The given case is related with the failure of Mid-Staffordshire NHSTrust who failed to provide the standard of health care to the every patient due to which 2,500patient died from year 2005-2008. At the time of inquiry it was found that health of patient wascompromised in many of the case and that was the main reason behind the death of patient.Legislation to Healthy Care: Legislation is defined as the rules and regulation whichhave been enforce by the House of Parliament. It plays the vital role and everyone life as itguides that how any particular work need to b done within specific period of time. Here, powerto commence any law in UK for health care is of Parliament. When it comes of the legislation ofhealth care it is very important because it tells that how health of patient should be maintainedand what are the special treatment that should be given to any patient. Some of the laws whichhad been enforced by House of Parliament are National Health Service Act 1977, NationalHealth Service and Community Care Act 1990, National Health Service Act 2006 (Minear andet. al., 2015). The role of these act are just to tell that what is the importance of health care to thepatient and what can be done to cure the level of health of patient. The government of UK try tofind the problem at the beginning so that appropriate laws can be formed and for that they try totake the help of all those person who have the good and sensible knowledge in the field of Health1
care. From the given case a study it can be understood that there was a negligence of the act andit can be easily said that it was the main reason behind the dead of the patient in the above case.It is very important that the level of health should be maintained properly of each and everypatient but due to some of the carelessness, 2500 patient need to loose their life. Because of thisreason the the new law was commenced in 2010 as National Health Service Act 2010, whereproper changes had been done so that life of patient can be saved. It was necessary to come upwith some of the modification as there were very few rules and regulation which has beencommenced and this was the main reason behind the carelessness. The legislation had amendedsome of the law where it has been mentioned that if any of the negligence is found for the healthof patient then strict action can be taken from the authorised authority. Executive to Health Care: Executive are the one who need to take the responsibility ofany particular work. When it comes to healthcare, the person at executive level plays the crucialrole as they need execute the plans which have been commenced by legislation (Bywaters andet. al., 2015). They are the one who should try to know that whether laws are being followed ornot and if it is not being followed then they should try to find the actual reason behind it. Theyare the one who know each and every thing regarding law they they have the major role to playwhere they guides that how laws and policies can be effective which were passed through theprocess of legislation. In the above given scenario it can be understood that the reason behind thedeath of 2500 patient was because of the carelessness of executives. They are the one whoshould have taken the responsibility to solve the issue at the beginning but they didn't to doanything from their point of view and in the reason many people lost there life. So, it can be saidthat government should try to focus on their work and must find the way so that this type ofproblem can be resolved in future. Also, it is important that how executives understand the lawbecause that plays the crucial role in it. Judiciary to Health Care: Judiciary are the legal bodies of the nation which helps tomaintain the rules and regulation of the country. They are the one who take the responsibility tocheck whether individual are working as per the requirement of law or not and if they findanyone who is working against the law then they have the authority to take the legal action at anyperiod of time (Kramer, Kinn and Mishkind, 2015). It has been commenced for the safeguardingthe interests and providing the fundamental rights of people. The bodies of Judiciary areSupreme Court, High Court and many other small form of courts. Its major role is to keep the2
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