Journal of sex & marital therapy, 34, 439-454. doi: 10.1080/00926230802156251 Ginsberg, T. B., Pomerantz, S. C., & Kramer-Feeley, V. (2005, July 25). Sexuality in older adults: behaviours and preferences. Age and Aging, 475-480. doi: 10.1093/aging/afi143 Hillman, J. (2008). Sexual issues and aging within the context of work with older patients.
EXCEPTIONS: overcome rule by finding a REAL promise - frame illusory promise as unilateral contract => enforceable ex. Gurfein (99): had window to cancel, but didn’t => enforceable ➢ COULD HAVE bound other party if exercise option - Implied promises ➢ UCC §2-306 (2): a contract to engage in exclusive dealing gives rise to an implied promise to use best efforts Ex. Wood v. Lucy (104): mkt designs for profits ➢ ct implied promise: to make reasonable efforts b/c w/o implied promise, the contract would be meaningless b/c structural agreement = incentive to use best effort is built in Ex. Grouse (110): promised at-will job, not allowed to start work ➢ implied promise in at-will jobs = “good faith opportunity to perform satisfactorily’ - Structural agreements Ex. Lacledes(106): supply propane for long period ➢ although not bound to purchase, practical binding exists ➢ pipes connected to Amoco supply source ➢ hostage theory of contracts: voluntarily
They empower and support people to make their own choices. They investigate actual and suspected abuse and neglect or exploitation. They support adults who are at risk. 3.3 Identify reports into serious failures to protect individual from abuse. www.nursingtimes.net/nursingpractice-critical-report-of-castlebrook-abuse-failings www.bbc.co.uk.news/uk-winterbourneview-failed-to-protect www.cqc.org.uk/merseyside-care-home-failed-to-protect 3.4 Identify sources of information and advice about own role in safeguarding and protecting individuals from abuse.
The Police Act 1997 * Criminal Record Bureau (CRB) checks, under this act, are the norm in health and care organisations The CRB will work closely with ISA to ensure that a more detailed check is carried out. The Sexual Offences Act 1976 * Created the Sex Offenders Register for identification and tracking purposes This enables sex offenders to be monitored and vulnerable people to be protected Care Standards Act 2000 * Set National Minimum Standards’ accommodation, services and good workplace practice in the care and protection of vulnerable people Established the Protection of Vulnerable Adults (POVA) Scheme that checked suitability of care workers. It identified professionals who had harmed individuals using service. It has been replaced by the ISA’s barred list. Care
With the defendant they get a shot at leniency from the judge. Then there are some that say plea bargaining is unconstitutional. “Plea bargaining rests on the constitutional fiction that our government does not retaliate against individuals who wish to exercise their right to trial by jury.” (Lynch, The Case Against Plea Bargaining, 2003). essentially this means if the defendant believes in their innocence and want to go to trial the will be punished for standing up for their constitutional rights. It is my belief that plea bargaining is an utter necessity, and though it may not seem just at all times; we as a society can see how hectic the court would be if all cases were brought to trial.
Whereas by definition, paternalism restricts a person’s right to autonomy, and takes another person’s autonomous right away and makes decision on their behalf, even if it is contrary to the wishes of the patient (Beauchamp and Childress 2001). Paternalism with Mrs Jones was not the case, yet with regards to safeguarding her from further harm justice, beneficence and non-malfeasance would have been insuring long term interest. To be deemed competent professionals work within trust guidelines and trust protocols and must treat patients fairly, without discriminating against them; ensuring that the patient is able to make autonomous decisions regarding their own care (NMC
1.1 identify legislation relating to general health and safety in a health or social care work setting Legislations/codes of practice relating to general health and safety in a health or social care work setting are: The Health and Safety at Work Act 1974; Riddor 1995, COSHH (Control of Substances Hazardous to Health); Manual Handling operations regulations 1992; Health And Safety (First aid regulations 1981); Fire protection (Workplace) Regulations 1997; Food Safety Act 1990; Personal Protective Equipment and Management of Health and safety at work regulations 1999. 1.2 describe the main points of the health and safety policies and procedures agreed with the employer The Health and Safety at Work etc. Act 1974 is the main piece of legislation that covers work related health and safety in the workplace. The main points of the health and safety policies and procedures agreed with the employer are Minimum handling and lifting; Ensure handling and lifting is carried out correctly and safely; Making sure all materials/equipment that is needed to be used is handled, stored and used safely; To be aware of any potential hazards and risks and how to reduce to liability of any accidents occurring; To be responsible for your own welfare and the welfare of others you are looking after; To wear the correct PPE at all times; 1.3 a outline the main health and safety responsibilities of: – self The main responsibilities for yourself whilst at work in a health and social care setting are to not put yourself or others at risk, to report any hazards or unsafe conditions, to co-operate with your employers, to not tamper with or misuse equipment provided, to attend training, be aware of and follow policies and procedures. Breaching any of these health and safety laws can lead to prosecution resulting in unlimited fines and/or imprisonment for up to 2 years.
If a person is committed to change or wants change we simply walk beside them and help them determine the best course of action. If a person is in contemplation about change we as helpers need to remember not to take the good side of the argument. If you argue for the good side it only leaves the client one spot to stand and usually that is to defend the other side. So if you tell someone that they must change something, or they must do something, people will come up with excuse after excuse. So rather than getting someone to defend their current behavior, we want to get them talking about change.
Expert Resources to Resolve Health Challenges. Retrieved from http://www.helpguide.org/mental/elder_abuse_physical_emotional_ sexual_neglect.htm. NAPSA (2013). National Adult Protective Services Association. Retrieved from http://www.napsa-now.org/policy-advocacy/world-elder-abuse-awareness-day/.
(2012). Role of the mental health nurse towards physical health care in serious mental illness: An integrative review of 10 years of UK literature. International Journal of Mental Health Nursing, 21, 193-201. Buhagiar, K., Parsonage, L., & Osborn, D. P. (2011). Physical health behaviors and health locus of control in people with schizophrenia-spectrum disorder and bipolar disorder: a cross-sectional comparative study with people with non-psychotic mental illness.