Legal Implications Analysis for John or Safe Vista in relation to Health Care Policy and Practice

Learning Outcome 1: Understanding legal institutions and processes in health care

Choose either A or B for assessment 1. Analyse the case below in relation to the five learning outcomes.

A. Analyse this case with regards the legal implications for John, the support worker.

OR

B. Analyse this case with regards to the legal implications for Safe Vista, the residential provider.

Sam, a boy aged 14 years at the time of the event, had cerebral palsy, epilepsy and profound intellectual disability. He required 24 hour care for all his activities of daily living. He lived at a residential facility, Safe Vista, with 4 other youth with similarly complex needs. One support worker and one administrator were on the shift. Instructions on the bathroom wallstated: “Never leave the children unsupervised while they are in the bathroom area”. Instructions for administrators included: “In the event of a physical accident or injury, call St John Ambulance immediately at 09 000 0000” (and that was the accurate number).

John, the support worker, had been employed for 3 years at Safe Vista. He had no training before, or during, this period on bathing practices. He was not a registered practitioner under the Health Practitioners Competence Assurance Act 2003. He had no knowledge of whether Safe Vista had staff orientation or policies on safe practices for bathing for residents.

Sam’s personal support plan stated that” Sam must be supervised at all times” and “Sam cannot be left alone”. John placed Sam in the bathtub at 8:00 a.m. John left Sam unattended to do other tasks. At 8:30 a.m., Ben (the administrator) passed the bathroom and saw that Sam was alone. Ben passed the bathroom again at 8:35 a.m. and saw that Sam was still alone. Ben returned to tasks at his office and at 8:45 a.m. saw John walk past. Ben asked John: “Is Sam supposed to be alone in the bath?” Ben and John returned to the bathroom and saw that Sam’s head was submerged in the water and he was not breathing. At 8:55 a.m., Ben went to the office and was uncertain what do to. At 9:10 a.m. Ben phoned St John Ambulance and it arrived at 9:25 a.m. The paramedics responded appropriately. Sam was taken to hospital where he died at 11:30 a.m.

No introduction or conclusion is required. Use the headings LO1, LO2, LO3, and L04. LO5 relates to the academic standard. See the assessment grid in the Handbook for detail. Analyse the legal implications for either John (A) OR Safe Vista (B) through the learning outcomes.

Learning Outcome 2: Role of civil and criminal law on health care policy and practice

1. Demonstrate understanding of legal institutions and processes in health care (500 words). Do not discuss the Health Practitioners Disciplinary Tribunal in this learning outcome. Focus on the Health and Disability Commissioner and the Human Rights Review Tribunal (HRRT). Specify consumer rights (CHDSCR) that may be relevant in this scenario, how the case could progress to the HRRT and the potential legal outcomes.

2. 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 scenario. Be specific and cite relevant sections of the Crimes Act, if relevant.

3. Critique cases or legislation related to consumers’ rights based on scholarly research (500 words). Discuss how the law (not the providers’ conduct) could be improved for consumers, citing research. Focus on law that is relevant in this case.

4. Examine the implications of case law and legislation for your current or future health care practice (500 words). Focus on legal issues relevant in the case and analyse how they apply to your practice.

State what your occupation is. State whether that is a registered or unregistered occupation. Explain the specific legal lessons learned by applying the case to your future practice. Do not discussthe Health Practitioners Disciplinary Tribunal. Standard pathway students choose a relevant health or disability occupation.

5. Present work at the appropriate academic standard.

Assessment 2 

Analyse the following hypothetical case in relation to the five learning outcomes. The case relates to the Health Information Privacy Code and the Privacy Act 1993.

No introduction or conclusion is required. Use the headings LO1, LO2, LO3, and L04. LO5 relates to the academic standard. See the assessment grid in the Handbook for detail.

Analyse the legal implications for Sara and the clinic through the learning outcomes.

Sara complained to the Privacy Commissioner when she discovered that a dental clinic’s receptionist, Ann, had disclosed sensitive information about her.

The receptionist had been at a party. One of the people there, Barb, was a close friend of Sara and knew Sara had extensive dental treatment at the clinic. At the party, Barb showed Ann a photo of Sara and asked about the treatment.

At first, Ann said that she couldn’t discuss Sara. Then Ann swore Barb to secrecy. Ann said that Sara had “meth mouth” from methamphetamine use. Ann said that Sara had been to the clinic for many appointments due to her dental decay and gum disease.

Three other guests overheard the conversation. The day after the party, one guest told Sara about this conversation. Sara was extremely distressed and humiliated. When she complained to the Privacy Commissioner, she reported that she had been sleepless and tearful for the 2 months since she was informed. She complained to the Privacy Commissioner. 

1. Demonstrate understanding of legal institutions and processes in health care (500 words). Discuss the relevant Rules under the Health Information Privacy Code and sections under the Privacy Act 1993. Also discuss the potential implications if the case is decided by the Human Rights Review Tribunal.

2. 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 potential criminal law implications in this case. Be specific and cite relevant sections of the Crimes Act 1961, for example, if relevant.

3. Critique cases or legislation related to consumers’ rights based on scholarly research (500 words). Discuss how the Health Information Privacy Code and/or the Human Rights Review Tribunal could be improved, citing research.

4. Examine the implications of case law and legislation for your current or future health care practice (500 words). Focus on implications of the Health Information Privacy Code and Human Rights Review Tribunal for your occupation in detail.

State what your occupation is. Explain the specific legal lessons learned by applying the case to your future practice.

Note: Standard pathway students may choose a relevant health or disability occupation.

5. Present work at the appropriate academic standard.