Mid-Staffordshire NHS Trust Case Study: Healthcare Law, Policy, Ethics

This report examines the critical intersection of law, policy, and ethical practice within the healthcare and social care sectors, using the Mid-Staffordshire NHS Trust case as a focal point. The analysis begins by highlighting the paramount importance of legislation in regulating healthcare practices, emphasizing the roles of various acts, such as the National Health Service Act 2006 and the Medical Act 1858, in safeguarding patient rights and defining practitioner responsibilities. The report underscores the need for governmental oversight, including amendments to existing laws to address deficiencies in medicine manufacturing and practitioner accountability. It then delves into the roles of executive, judiciary, and legislative bodies in healthcare, highlighting their interconnectedness and the necessity for each to adhere to statutory law to maintain the integrity of the healthcare system. Key features of legislation, statutory guidance, codes of practice, and national and organizational policies are identified to ensure quality patient care. The report concludes by emphasizing the importance of these bodies in improving healthcare standards and patient outcomes, advocating for continuous improvement and equal treatment within healthcare settings, and the importance of legislation, judiciary, and executive bodies in healthcare.

LAW, POLICY AND ETHICAL PRACTICE IN HEALTH AND SOCIAL CARE
Given Scenario: It is given that Mid-Staffordshire NHS Trust was unable to
provide the service to the patient. The default was found when it was seen that 2500
patient died just because of the standard of care which they didn't provide to the patient
and this incident took place between 2005-2008. While cross verification had taken the
place, it was found that health practitioner had done lots of compromises with the health
of patient.
Legislation to Healthcare: It is said that legislation has the main importance in
each and every department because it will decide that how any work is required to be
done. In simple term, Legislation is set of law which are enforced as per the requirement
of situation and it is compulsory that no one is allowed to breach the term and condition
of law as defaulter has to face various kinds of punishment in this situation. Legislation
have divided into many section where it is written that which department will commence
law what kind of law (Banks, 2016). In present scenario, it is important for Legislation to
look after all the section through which chances of default will be reduced in future. Some
of the act which has been introduced for the benefits of patient are National Health
Service Act, 2006, medical act 1858 etc. and many more. In context of the case, it can be
understood that there was the default Mid-Staffordshire NHS Trust because they were the
one who didn't tried to provide the best services to the patient and because of that many of
the patient have to lost their life. After seeing this incident, it is important that legislation
should commence those form of law due to which it will easy to find the defaulter person
due to whom anyone have to suffer from their life. It is very crucial for practitioner to
understand the language of law because they are required to work as per the act. Here,
role of government will be very important because they have to understand in detail that
there are lots of area where still new law should be commenced and that must be
commenced for practitioner. They must try to introduce those program in healthcare
centre from which chances of default will be reduced (Bywaters and et. al., 2015).
Government of UK need to amend some of laws which are related with the
healthcare and those must be done specially in medical act 1858 because there are lots of
instances where due to patient has to suffer from various kind of problem and reason
behind that is level of manufacturing in medicine. Some of those strict law should be
commenced where practitioner should be made liable for the issues which come across
them. In the above case, it was found that NHS didn't tried to treat well to their patient and
this problem continues for near around 3 years so it is important for government to check
that what are the weak points due to which healthcare centre are unable to provide the best
services to their patient. Changes can be done but it will be more effective if they are done
only after the proper research because it helps to produce more effective results in future.
The incidence which had been occurred by the side of NHS was one of those lesson for
UK government which made them aware regarding the health of patient and because of
that change were done in Human Rights Act, 1998 also where it is clearly written then
everyone has the equal rights when it comes to obtain the health of patient. Also,
government is always try to come up new which are beneficial for every patient.
Executive on Healthcare: They are the persons who take care of each and
everything which is required in the premises of hospital so it can be understood that it will
be very to manage every single thing within the organisation (Congress, 2017). It should
be mandatory that every responsibility should be given to executive and even if any kind
of default is done then it is necessary that actions should be taken against that respective
executive. In context of the case, it was found that there was no one who was ready to
take the responsibilities for the death of 2500 patient so by looking at this problem
government had done lots of changes in their law system which is effective for the better
results.

LAW, POLICY AND ETHICAL PRACTICE IN HEALTH AND SOCIAL CARE
In this, government had decided that executive should take the responsibilities
and must try to work as per the guidelines of law. So, in every healthcare executive must
ensure that practitioners are working as per the law and because of that carelessness in the
health of patient has been reduced in significant manner. Even it can be said easily that
the main reason behind the death of 2500 patient was the executive of NHS trust. So, in
upcoming days it will important for government to define the role and responsibility of
each and every executive because they will clear the annual report of every healthcare in
upcoming time.
Judiciary to Health Care: It is one of the legal body which need to check that
whether anyone is following the rules and regulation or not. It is mainly required to be
judge on the basis of those situation where any person, organisation or trust doesn't work
as per the requirement of law (Golightley and Goemans, 2017). Still there are lots of work
which should done by judiciary so that better results can be obtained in future. In context
of the above case, it was found that judiciary was unable to take strict action against any
NHS trust because there was no strong evidence. So, here government should authorise
the power to judiciary in the situation where should be allowed to take any of the action
against those healthcare centre which doesn't provide the best healthcare facility to the
patient. So, after that incident Parliament had authorised the power to judiciary bodies,
like supreme court, high court and other state level court that can declare their decision on
the basis of default with the help of common law. And this are some of the steps which
has been very effective for the better result in recent period of time.
Even this judiciary bodies have been given the power of watch dog who need to
check that what were the consequences of default and what actions can be taken in future
so that results can be improved. Judiciary body can play the vital role in every situation
because they can declare result as per the situation which has come across the judges.
It can be understood from the above three paragraph that Legislation, Judiciary
are inter-related but it is important that how they work to judge the situation (Tomkins and
et. al., 2015). These three bodies are just working for giving the better services to every
department but the main important situation which they are required to face is that how
they face the situation because that is the most crucial thing for them. This is because it
can easily help them out to declare the best decision on any of the case which come in
front of them. If these bodies will not be able to perform as per the requirement of
statutory law, then it will not be easy to maintain the decorum of nation.
It is said that government of UK has to work a lot in this and even it is effective
for both healthcare services and general public. The locality which is selected for this
project is satisfied with the rules and regulation which are commenced by the government
for their healthcare centre but still there is a requirement for some of the changes in the
section where patient are not treated equally by health and social care centre. While
searching for the overall result it can be found that these bodies have helped a lot to raise
the standard of healthcare within the premises of UK.
The key feature of legislation for healthcare practice are mentioned below:
 to provide the best facility to the patient which are available in healthcare centre.
 To update the health recovery of patient to who are suffering from serious nature
of disease.
The key feature of statutory guidance for healthcare practice are mentioned below:
 It is important that practician have the experiences in those where there are
working.
 It is necessary for every practician that they must take the permissions of the
family member before handling any of the case.
The key feature of codes of practice for health care practice is
 Under this is necessary that practician should not be biased.
 Practician should follow work as per the ethical principles.
Key features of national and organisational policy are:
 It ensures that each and every practician must work as per the policies of
healthcare centre.
 Organisational policy helps to delegate the power that what are the rights and
responsibilities of any practician.