Legal & Ethical Issues & Impact on the Care of the Ageing

Chapter 4: Legal and Ethical Issues and Their Impact on the Care of the Older Person in the Community

Overview:

• Discusses legal obligations affecting health care professionals
• Succinct information about specific obligations at a state level
• Clear, easy to follow cases explaining points relating to law obligations
• Outlines obligations which are relevant to health care professionals
• Gives details about common law obligations - including the law of negligence, consent, duty of care, confidentiality and the law of contract
• Statutory obligations are explained through the descriptions of health and aged care legislation

Description:

The law and ethics have a critical impact on how you as a psychologist, nurse, physiotherapist, occupational therapist, social worker, podiatrist, or dietitian provide community care to older people. Legal and ethical obligations provide a framework which must be considered when making decisions in community care. This chapter looks primarily at legal obligations affecting health professionals to provide an important part of the foundation and framework of a competent practice. It is also a tool to assist in resolving difficult issues that arise in your work.

Topics:

• Introductions
• Common Law obligations:
  • The Law of Negligence
  • Duty of Care and the Rights of the older person
  • Law of contract
  • Confidentiality
• Statutory obligations:
  • Health and Aged Care legislation
  • Substitute decision making and Guardianship and administration legislation
• Elder Abuse
• References

Elizabeth Brophy

Bachelor of Laws, Diploma of Social Studies, Master of Social Work (with Honours), Barrister and Solicitor of the Supreme Court of Victoria, Barrister and Accredited Mediator, the Victorian Bar.

Elizabeth is a lawyer and social worker by qualification. She worked for seven years as the Senior Advocate and Consultant in dispute resolution at Residential Care Rights, a Commonwealth-funded aged care advocacy program in Victoria where she provided advice to consumers of residential and community services. She also represented consumers in mediations and hearings under the Complaints Resolution Scheme and at hearings at the Guardianship and Administration Board.

Elizabeth has conducted many seminars for health practitioners, service providers, lawyers and students in aged care and health law and has contributed to publications in the area. At present Elizabeth is practicing as a barrister at the Victorian Bar and has a particular interest in elder health, medical and family law. She is also candidate for the degree of Doctor of Juridical Science at the University of Melbourne.

Professional Reviews: