Duty Of Care

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What are the princicples underpinning ‘Duty of Care” and the associated legal requirements?
Duty of care requires everything reasonably practicable to be done to protect the health and saftely of others at the workplace.
A nurse has a duty of care to prevent harm to a patient he/she is nursing. The amount of care the nurse is required to take to ensure no harm to the patient by his/her actions or omissions depends on a number of factors.
Factors may include -
-The magnitude of the potential harm
-The extent to which it was foreseeable
-How much you could objectively be expected to take care to prevent the harm.

As a Nurse it is expected you will take the same amount of care to prevent harm as any “reasonable regulated nurse” would do in that specific situation

What are the common law issues relevant to your workplace of choice?
Relevant Legislation Guidelines
Aged Care Act (1997)
Aged Care Accreditation Standards
Drugs, Poisons and Controlled Substances Act 1981 and
Regulations (Victoria) and relevant amendments
Health Services Act 1988 (Victoria)
Mental Health Act 1986
Medical Treatment Act 1988
Nurses Act 1993 Victoria
Narcotic Drugs Act 1967
Privacy Act 1988
Human Tissue Act 1982
Health Records Act Victoria 2001
Occupational Health and Safety Act 1985
Patient’s rights act, 1996.
Provide an overview of relevant legislation in the sector?
Nurses Act 1993 Victoria has 10 sections each section then is broken down into division and sub division to cover the act.
What are the relevant standards and codes of practices in the sector?
The Code of Professional Conduct
Code of Ethics for nurses.

Rights and Responsibilities for clients. 8 key areas of the Patient's Bill of Rights
Information for patients
You have the right to accurate and easily-understood information about your health plan, health care professionals, and health care

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