Ethical Requisition, Law and Policy (PDF)

LAW

Table of Contents
INTRODUCTION...........................................................................................................................3
LO2..................................................................................................................................................3
P3 Relation among the main legislations and national policy to Health and Social care
practice........................................................................................................................................3
P4 Comparison of organisational and national policy against national professional standards 4
M2 Meeting national and professional standards of safe and non discriminatory practices.....4
D2 Analysis of impact of equality policy and legislation and notion for safeguarding health
and care of individual..................................................................................................................5
LO3..................................................................................................................................................5
P5 Specific national and international human rights law influencing informed and equal and
fair treatment in health, support and care services......................................................................5
P6 Implementation of distinct legislation and policies for healthy and safe conduct in own
practice........................................................................................................................................5
M3 Recent laws and polices over defining rights and responsibilities of health care
practitioners.................................................................................................................................6
LO4..................................................................................................................................................6
P7 Relationship between ethical requisition, law and policy in a real case scenario.................6
P8 Presenting impact of law and policy on outcome of real case scenario................................6
D3 Ways to complying with laws and polices by health care practitioners...............................6
CONCLUSION................................................................................................................................7
REFERENCES................................................................................................................................9

INTRODUCTION
The present reports is prepared for presenting observation log of a health care practitioner
over abidance with equality and safeguard laws and challenges faced while providing services
under their professional conduct. It also include legislation over equal and fair treatment under
health care practice. Also, reflection report over a real case scenario is written regarding relation
between legislation and organisational policy in health care practice.
LO2
P3 Relation among the main legislations and national policy to Health and Social care practice
Observation log
Identification of Equality and safeguards legislation applied by heath and care
practitioners in profession conduct:
Health and care professionals are required to follow the laws and regulation defined under
legislation while conducting their duties, giving treatment and providing care and support
services. An observation log is prepared by shadowing the work of a doctor who is a Cardio
surgeon. Observations are made regarding the compliance of the legislation related with
equality and safeguarding while carrying out professional duty, treatment, and giving care and
support services (Alderwick and et,al., 2018) . This all explains the challenges faced by them
for compiling of laws while providing the services to patients.
Application and compliance with Equality and safeguarding laws by Cardio Surgeon:
In general practice the doctors are required to abide with different laws for equality and
safeguarding the interest of its patients. The different laws a doctor need to abide with are
Equality act, 2010, Care act, 2014, Health and Safety Works act, 1974, Health and Social Care
Act, 2012, Social value act and others. In this regard observations have mean made on how
doctor comply with the legislative requirements:
 Doctor takes good care of its patients and provide them all relevant information over
their treatment.
 The doctors while treating and operating the patient s seen to have good control over the
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tool and equipment and take utter care while using crucial tools which depicts good
knowledge of doctor.
 The doctor treat each patients with equal warmth and do not give anybody a favour over
other and ensure that all the patients are given equal treatment in hospital as well.
 The doctor always keeps training and developing the skills over new tools and machine
used for treating service users.
 The doctors provide all the relevant information to patient and their family about their
treatment and the care and precautions they are required to be taken carefully and
explain it in detail.
Challenges faced for complaining with law while conducting day to day task with service
users:
 For ensuing fair treatment of all patients, doctor are required to treat each paint with
equally and this make some patients angry and vulnerable.
 While conducting an operation the doctor faced a challenge with equipment having
digital technology where he found it hard to operate the system.
 Sometime hospital treat some patients more favourably and here the ethical value of
doctor gets clashed that with organisational policy and the doctor gets furious on
comprising laws over hospital policy.
P4 Comparison of organisational and national policy against national professional standards
NHS: as per the national health services of UK which is responsible for conducting the
legal and regulatory work of health care organisations in UK. The polices provided by NHS
includes Health and safety policy, safeguarding polices, non discriminatory which are formulated
or all the organisation under heath care. Such as under the non discriminatory policies no person
providing care, and support services is not allowed to discriminate a person on any basis. There
are strict rules for compliance with such polices under NHS.
Organisational polices: on the other hand the health care organisation includes hospitals, clinic
and other where individual made given care and support service. In all this organisation the
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policies and rules any different as per the prevailing condition and practices in the locality (Gho
and et.al., 2018) . Such as in certain clinics some of the patients are given special treatment over
other and also they are treated as VIP patients which is unethical practices as power NHS but
still they are in are practised as this is a local practise and no one opposes such action. Also, the
legal manners of treatment may differ which is legal as per organisational poly as well as NHS.
M2 Meeting national and professional standards of safe and non discriminatory practices
The professional standards are set for the doctors where they are required to set policies
over professional standard in relation to equality and diversity. This standards are set to judge the
performance and behaviours of doctor under their professional conduct. The legal requirement of
equal treatment and non discrimination are formed as basic duties of doctors where are
compulsory required to act honestly and with integrity, and there their patient and peers fairly
and with respect.
D2 Analysis of impact of equality policy and legislation and notion for safeguarding health and
care of individual
With application of equality legislation under the health and care practice and equal and
fair treatment to all patient is ensured. No service user is given a preference over other expect for
medical emergencies. The hospitals are required to abide by the policies and includes these laws
in their organisational policies regarding anti discrimination, fair and equal treatment of patients.
LO3
P5 Specific national and international human rights law influencing informed and equal and fair
treatment in health, support and care services
International Human rights law:
As per article 25 of the United Nations' 1948 Universal Declaration of Human Rights
states that "Everyone has the right to a standard of living adequate for the health and well-being
of himself and of his family, including food, clothing, housing and medical care and necessary
social services." Also, as per WHO, no one should get sick and die just because they are poor or
they do not have access to the health care services (rseneault, 2018). Good sound health has a
right of every person and WHO gives regulation over this and health care organisations are
required to abide by the same by incorporating such in their organisational polices.
Human rights act 1998:
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Human rights law 1988 is the structure of international legislation which is designed for
promoting human rights at regional, social and domestic levels. The relationship between
national human rights law and organization law polices can be stated as international human
rights gives base to the health care practising organisation to formulate polices in accordance
with the internation human rights provision and provides treatment to every individual who
comes to them irrespective of their nationality and backgrounds.
P6 Implementation of distinct legislation and policies for healthy and safe conduct in own
practice
Care act, 2014;
This act provides, a legal framework for the health care organisation over protection of
adults at risk of abuse or negligence. The organisations is required to make enquiries and set
measure to abolish the risk and negligence for safeguarding the adults and to protect the need f
the adults which are in the need of care and support.
Mental capacity act, 2005:
This act gives the legal frame work over code of practice and gives guidance on how to deal with
patients with mental illness (Mukhtar and et.al., 2018) . The organisation under health care are
required to determine the risk of such patients and provide treatment accordingly. In this heath
care professionals are assigned specific duties when working with or caring adults with mental
illness.
M3 Recent laws and polices over defining rights and responsibilities of health care practitioners
In the recent 5-10 years different laws are made regarding Equity and safeguarding
aspects to be practised under the health care practices by all the healthcare practitioners. This
includes the regulations given by NHS and Equality act, 2010, Care act, 2014, Social care Act,
2012. All this acts are formulated in past 10 years and are applicable to heath care sector while
providing treatment, care and support services to their patients.
LO4
P7 Relationship between ethical requisition, law and policy in a real case scenario
While taking the observation over the Equality and safeguarding laws of the cardio
surgeon, I have seen a patient who was a black person living in UK form past 15 years. The
patient came to hospital with a cardiac issue. He stated that two of the doctors in another
hospitals have refused to treat him, as he was not white (Panagioti and et.al., 2018). Here I
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reserved that doctors as well as hospital did not refused to treat him and they talked to him as
they do with other patients. Here they met the requirement of equal treatment and per the
hospital policy he was given all the benefits. Apart from this another patients asked for the
personal information of partite to inquire upon person life and taking action against another
doctors who refused to treat him but hospital refuse to that promptly over the ethical and privacy
policy of hospital. This was it have seen that laws, policies and ethical requirement go hand in
hand under a health care setting.
P8 Presenting impact of law and policy on outcome of real case scenario
The impact of law and polices was seen in this case that as strict compliance with the
legislation resulted in handling the case of a black patient vary carefully and diligently the
Hospital and doctors have shown their dignity and ethical behaviours and this directly effected
the legal compliance ability and enhanced reputation of the hospital.
D3 Ways to complying with laws and polices by health care practitioners
The ways in which the hospital have made compliance with laws and organisational
polices includes taking feedbacks from the patients over behaviour of doctors, regular basis
review of the policy complacence and the number of companies against all those who are
providing health care services in hospital at all level. All this action taken by the hospital clearly
define the level of compliance by each of the health care professional and result in taking action
against those who are found in any lag. However, sometimes this do not give clear indication as
patients do not reports unethical and discriminatory behaviours of doctors and sometime the staff
members also hide such situations form management.
CONCLUSION
From the above report it can be stated that observation log of the cardio surgeon have
deicide how a health care professional abide with ethical and safeguarding laws and policies and
sometimes they face challenges in legal compliances. National laws by NHS and international by
WHO provides guidelines to frame organisation policies and legal framework equal treatment
and safety laws. Moreover, it is found out that in a real life scenario the hospital and doctors
behaved ethically and acted legally by abiding with all the required laws.
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