Exploring Legal and Ethical Frameworks in Health and Social Care

This report delves into the legal, policy, and ethical frameworks governing health and social care practices. It begins by examining the roles of the legislature, executive, and judiciary in shaping the legal landscape, referencing a case study of the Mid Staffordshire Hospital Foundation Trust scandal and the legal precedent of New York State Society of Surgeons v. Axelrod to highlight the complexities of healthcare decision-making. The report then explores ethical considerations informing the legal and policy landscape, detailing the functions of each government branch in addressing health issues, and emphasizing the importance of ethical guidelines for healthcare organizations. Key features of legislation, statutory guidance, codes of practice, and national and organizational policies are summarized. Finally, the report evaluates the national system of government, focusing on legislations such as the Data Protection Act, Health & Social Care Act, and Equality Act, and their impact on health, care, and support service practices and practitioners, while also highlighting the influence of major health institutions such as the World Health Organization and the CDC.

A case law will help in understanding this concept correctly. This New York State Society of
Surgeons v. Axelrod, was a landmark case where taking correct decision towards a complex
health issue became a complex situation. In this it was communicated that weather the health
minister has defined HIV to be a communicable disease nor not. The policy was very basic but
its repercussions caused several questions to arise. Many health and acre communities supported
the commissioner’s decision, as it was decided by them to properly treat HIV patients and help in
proper awaking society of such disease. In such complex situations unless correct decision
making is done one cannot take correct measurement. One more issue which arises needs to be
rectified which is to be biased or non-biased while taking decision, which is also the most normal
reason for delay in taking measures. These following steps are guiding the correct path to policy
makers.
Examine the interest of public interest: before taking any decision one shall make correct
decision making and create proper analysis of public and their perspectives.
Effectiveness of such policy: monitoring effects of policy created and if any hindering elements
are found they shall be removed from here.
Target the audience correctly: such policies should directly reach to people who actually need it.
Human rights: These should be placed in mind while creating certain policy, so that these are
not harmed in case of making such policies.
LO1 Explore the legal framework within which health and social care practitioners operate
Case Scenario: There is a review which was ordered by prime minister in February where several
inquiries related to scandal at Mid Staffordshire Hospital Foundation Trust is discuss. Here almost
1,200 people died in the appalling failings in care.
The duty inspectors visited almost 21 hospitals who run under this trust fund and investigated that
they had highest morality rate in whole England. Some patients were suffering from so long that
they had to be taken care of immediately. Almost 11 of NHS trusts were taken aback and were put
into submissions of special measures. After several investigations it was found that most patients
died due to not fulling correct care and full filling requirement in hospital. The report came out
against the staff members and it was found that even basic safety measure was at risk.
P1 Describe how the legislature, the executive and the judiciary set the legal and policy landscape
for health and social care practitioners.
In this modern era the health care and policies have many complex, legal and ethical issues which
leads one to several social questions. This should be performed by government agencies with taking
proper care of human rights, this includes the proper acre of privacy, correct determination in self
and lastly no discrimination policy. The main aim here is to address a basic question which seeks an
answer for sound health care plan or policy. UK is very complicated and diverse in its basic nature,
there are multiple number of health policy creating agencies which makes implementing such next
to impossible. This hinders in making a systematic and comprehensive analysis which will help in
creating correct health policies for nation. There are mainly three prominent branches which are
main sources of creating laws and policies in this department. These are executive, legislature and
judiciary which are at state and federal levels. The government policy making is actually done by
these three bodies only and health care is taken as very serious subject to consider. It has to properly
evaluate all weakness and strengths in this field and later formulate relatable policy.
The main characteristics which are required to create sound policies for development are mainly
regulated from many scientific scrutiny. Here one has to look upon the correct choices of values or
assessing information related to issues. Many health care practitioners follow proper code and
conduct while performing their work and try to avoid any sort of issues. Government needs correct
framework to apply such policies and need to be very sure about each decision they make. This
directly reflects upon society and their health.
Law, policy and ethical practices and health and social care

M1 Explain in detail how ethical considerations have informed the legal and policy landscape in
own nation with respect to the work of health, care or support service practitioners.
Ethical considerations are favourable to provide correct direction to care professionals and avoid
mistakes which facilitate to deliver effective treatment for patients to make them wellbeing. It
includes an appropriate guideline for healthcare organisations to apply policies on the basis of
legal and ethical norms for achieving better outcomes at work place in given care institution.
Ethics and values are prominent feature while describing any medical or health related concept
the main aim here is to correctly identify legal policies connected to it. Here, a constructive work
plan is created so that human rights and general beliefs of people cannot be hampered and in
same zone one can help the society. All legal and medical institutions have a specific aim which
helps them in creating certain perceptive which shall be onto implementing correct working
scenarios and basic developmental policies. Due to this only several health and care institutions
are created so practitioners can work with free mind set and can work for helping society. Such
institutions main aim is for curing diseases and creating general awareness about certain
precautions one should take to avoid any such incidents.
D1 Evaluate own national system of government in relation to its effect on health, care and
support service practice and practitioner
The government of country has been establish the legislations like Data protection act,
health & social care act, Equality act etc. which facilitate to guide medical practitioners in correct
manner. It will facilitate to make appropriate decisions and put efforts in correct direction for
welfare of patients. However, the national system consist ethical principles and legislations for
healthcare industry that impact positively for enhancing entire health status of population living
in country. The sector of health and care in nation is connected to several big institutions like
world health organisation, United Nations Children's Fund, Centres for Disease Control and
Prevention (CDC) and Doctors without Borders/Medecins Sans Frontieres. All these are some of
biggest health institutions. They have a huge impact in health department and should be
performed with intense care so that such incidents as Mid Staffordshire Hospital Foundation
Trust shall not repeat again. These institutes even keep proper monitoring so such incidents can
never appear again as the drastic death of around 1200 people shock the society and started to
feed them with wrong motivations about countries regulations.
Address health issues effectively: This is explained by three main departments of government
which are explained below briefly:
Executive: this branch is mainly objective as well as accountable in nature. The main executive here
is one with several ideologies of making health decisions and uses political background to bring it
out in open. This branch has support of many agencies and health related committees through
which correct data is analysed and it bring many suggestions along with them. It makes the job
slightly easy and correct law making decision is taken by them. The department of US health and
acre needs to make correct stipulation as per requirement in society and they have to confront all
responsibilities as required. The main aim here is to achieve the possible target market.
Legislative: this creates principles and law regulatory effective mission which can effectively be
survived upon. The main work of this legal body is to create the main implementations of such
polices and address them in correct reformative.
Judiciary: It’s the lead forum for creating health decisions as judges are considered to be very
impartial while taking decisions and can correctly understand all data which is evidence and
arguments related to issues. Some are also held accountable by public as well. They are mostly
appointed by many public services committee to take a correct decision, since the bring legal skills
to the bench and the only hindrance shall be that they will be lacking in u8nderstanding the
scientific and ethical thinking which is required to create such laws. In case law of Daubert v.
Merrell Dow Pharmaceuticals the supreme court passed decision where for the first time any
scientific evidence was considered to be correct and was accepted as a legit evidence to support the
case.
P2 Summarise key features of legislation, statutory guidance, codes of practice, and national and
organisational policy.
The key features of statutory guidance will be correctly identify the issues and topic which shall be
allowing or the organisation to become more effective in reasoning and shall always be constituted
in correct passage. Second they have to implement decisions as per requirement in society. The
legislation has a basic principal of correct implementations as they have to be guided effectively and
shall be created as per requirement. They should always be constructed towards basic
implementations and should get aim of helping society. Code of practice should be performed in
order ordinance as every medical practitioner is obligated by certain set of rules and ethics which
should be followed without any mistake. The policies made by organisational policies shall be done
as per the needs and requirement of society and several institutions which implement the health and
acre of organisations have to implement the correct form of data and utilisation.