The Role Of Civil And Criminal Law On Health Care Policy And Practice
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NEW ZEALAND HEALTH/LAW
2000WORDS.
500 EACH LEARNING OUTCOME LO1-LO4
Choose either A or B for assessment 1. Analyse A or B in relation to the 5 learning outcomes
Martin was an elderly man who lived in the hospital wing of a rest home. Following a stroke, Martin had a speech impairment and limited physical movement. Martin retained his mental capacity and was able to make himself understood.
Jude was a care assistant who worked at the rest home. Jude had undertaken training on the correct administration of medication. One day Martin rejected the liquid medication that Jude tried to administer by physically turning his head and pursing his lips. Jude said, “Oh Martin, for goodness sake, I don’t have time for this nonsense today” and roughly administered the liquid medication with a teaspoon. Martin’s lip was cut and bled profusely. He became emotionally and physically agitated.
OR
- Jack had developed speech and physical impairment following a stroke. Jack had mental capacity to consent or refuse treatment. After accidentally falling out of his wheelchair, Jack was taken to a private accident and emergency clinic to treat a cut on his leg.
Wendy was an administrator at the clinic. After Jack’s treatment, while waiting in the reception room to be discharged, Wendy said she needed his signed consent for an Accident Compensation form. She initially asked Mark, Jack’s support person, to sign the form. Mark refused, saying, “I’m not allowed to do that. It’s Jack’s form.”
Wendy then asked Jack to sign the form. Jack had difficulty using the pen and struggled to sign the form. Wendy became frustrated and grabbed his hand roughly, forcing him to sign the form. His hand was bruised by this action. He became emotionally and physically agitated. He was also humiliated after everyone in the waiting room witnessed the incident.
Instructions:
Do not include an introduction or conclusion. Use the headings LO1, LO2, LO3 and LO4. LO5 relates to the academic standard and applies across your full assessment.
Analyse the legal implications for either Jude (A) or Wendy (B) through the learning outcomes.
LO1: Demonstrate understanding of legal institutions and processes in health care (500 words). Discuss the Health and Disability Commissioner and the rights (CHDSCR) that may be relevant in this scenario. Discuss how this case could progress to the Human Rights Review Tribunal and the potential legal outcomes.
LO1 MARKING CRITERIA – Understanding of relevant legal institutions and processes in health care are clearly demonstrated
LO2: Analyse the role of civil and criminal law on health care policy and practice (500 words). Demonstrate knowledge of the distinction between civil and criminal law (burden of proof and standard of proof). Examine whether there are any potential criminal law implications in this case. Be specific and cite relevant sections of the Crimes Act, if relevant.
LO2 MARKING CRITERIA – Clear, accurate analysis of role of civil and criminal law on health care and practice is demonstrated
LO3: Critique cases or legislation related to consumers’ rights based on scholarly research (500 words). Discuss how the law (not the provider’s conduct) could be improved for consumers, citing research. Focus on law that is relevant in this case.
LO4: Examine the implications of case law and legislation for your current or future health care practice (500 words).
State what your occupation is (standard pathway students choose a relevant health or disability occupation). State whether that is a registered or unregistered occupation. Identify a possible issue in your future practice. Apply the lessons learned from the LO1 rights breaches to this issue in practice. Use case examples where relevant. Do not discuss the Health Practitioners Disciplinary Tribunal.
LO5: Present work at the appropriate academic standard (applies across assessment). PROPER APA 7TH REFERENCING !!
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