Introduction
Duty of care is the fundamental concept within the health and social care which signifies to the accountability of caregivers to act in the interest of care (Ellis and Ellis, 2021). This is accountable to emphasize on the health, safety as well as wellbeing of those in care. Duty of care safeguard from harm as well as encourage the health of those in the responsibility. Healthcare providers as well as employees have the obligation to protect as well as secure the privacy of the patients’ medial information.
1.1 Define the term ‘duty of care’
Duty of care is a legal duty as well as ethical accountability to prevent the foreseeable harm to the individuals. This creates the foundation of negligence law as well as implement the range of contexts which emphasize the requirement for reasonable measures in safeguarding the health of others. The principle of duty of care is the dynamic concept which evolve with the social expectation along with norms. Healthcare professionals such as carers have the accountability to offer the safe, competent as well as compassionate care to their patients. They should use their knowledge and skills to ensure the high quality care. The personal information of the patients as well as residents needs to be kept secure when required.
The health and safety at work act 1974 is the legislation govern the workplace health and safety within Great Britain. Once the duty of care is created, the claimant need to highlight that the duty has been breached (Muñoz-Rubilar et al, 2022). Duty of care means acting in the best interest of the individual getting care while protecting them from the harm. This include mitigating hazards, anticipate risks as well as supportive environment which uphold the emotional health. Reporting and observing are the fundamental aspects of their accountability to make the health and safety of people in care.
1.2 Describe how duty of care relates to duty of candour
Duty of condour is the general duty to be transparent as well as open with those receiving treatment. This applies to all the health and social care practitioners (Wheeldon and Heidt, 2023). The duty needs registered providers to act in an honest and open manner with the patient when something is unethical. The duty of condour placed the statutory responsibility on the healthcare providers to be transparent and open with the patients. Duty of candour is the legal need in the health and care industry. Professionals prepare for a duty of care by adhere to the legal need as well as best interest of the people. The duty of care is the professional obligation to protect others while they are in care and are exposed to activities.
The duty of candour needs the healthcare professionals to inform the patients regarding the mistakes, provide apology as well as explain action to rectify the errors. Medical professionals have the duty of care to protect their patient wellness and also avoid the risk of medical negligence. Patient who believe their medical experts failed to adhere to duty of condour legislation can raise this with the people, they can issue a formal complaint to the specific department. This is important that any medication mistake to be reported immediately if the health and wellbeing of the persons we support is to be protected (McDougall et al, 2021). Employing the nursing workforce strong in capabilities and designing the work of nursing to prevent mistakes are vital patient safety defenses.
Transparency is significant in terms of the clinicians disclosing the truth to patient as well as to processes for investing the complaints (Price, 2021). Healthcare ethics include making the choices which affect the patient health and also covers the areas such as research, health as well as clinical care. Care workers support the people with the mobility challenges as well as transfers using the specific equipment as well as support feeding. Professionalism in the healthcare needs the combination of skills, knowledge as well as abilities to offer services to the patients. Professional prepare for the duty of care by adhering to this legal needs ensure that best interest of the people. Duty of care is the legal accountability to offer care to the reasonable standard as well as keep the patient safe.
Professionals’ have the duty of care to all those receiving support and care at the workplace. This means promoting health to keep safe from abuse, harm as well as injury. Duty of care is the legal obligation which is imposed in the organization needing adherence to the standard of the reasonable care which prevent the acts which can harm others. This is significant that any medication error be reported immediately if the health and wellbeing of the individuals’ provision is to be secured (Murray et al, 2021). Registered nurses are responsible for their actions as well as errors when managing the medicines for any mistakes they make. Being open to patients offers them the opportunity to ask questions, make decisions as well as seek second opinions which are best for their wellbeing.
1.3 Describe how the duty of care affects own work role
This require care professionals to be competent, complaint as well as ethical with the laws. Collaboration as well as communication are the key aspects which fulfil the duty of care, offer high quality as well as respectful support. Healthcare professionals serve diverse populations with the various religious as well as cultural beliefs which can lead to ethical dilemmas with evidence based healthcare practices (Paraskevas, Pantelidis and Ludlow, 2022). Duty of care is a legal accountability to offer care to the reasonable standard as well as keep the patient safe. All staff need to expect to work in companies which allow people to offer safe as well as specific care in accordance with the professional standards. An essential part of duty of care offers workers the information they require to make the right decisions to keep them secure. This needs the comprehensive communication strategy which spans during, before as well as after the crisis.
Healthcare professionals cannot impose the treatment on patients without their informed consent. They need to offer patients with the specific information such as alternatives, risks as well as benefits permit them to make informed decisions concerning their care. Healthcare services as well as local authorities plays a significant role in protecting the young people as well as people in requirement of social care from the range of abuse. The lack of action to safeguard the employee can outcome in the reputational loss, damage, raise employee turnover, loss of productivity and overall expenses. The pandemic plays a significant role in heightened awareness from the views of the workers (Goranova-Spasova et al, 2023). The efficient understanding of the theory regarding the duty of care is significant.
Clinical supervisors assists the practitioners to understand as well as apply the ethical principles in their work the patients as well as hold them responsible for maintaining the ethical standards. Supervisees need to contact the regulatory board in their jurisdictions in advance of contracting to confirm the practice is permitted as well as confirm the documentation needed from the supervisor (McDougall et al, 2021). Social work supervisors needs to be competent as well as participate in the continuous education as well as certification programs in supervision.
Care givers needs to assist the service users to remain connected, active as well as independent while living in their own homes (Brandt, 2024). Care givers needs to firm the relations with the service users on the basis of empathy as well as acknowledgement of their emotions. By listening to service users as well as making them feel appreciated create the safe space where the individual experience pain can heal. Competence needs care givers to have the expertise to identify the health and social requirements of various individuals. They are require the clinical information as well as technical knowledge to offer efficient care treatment on the basis of current research. Care providers needs to keep learning as well as practicing to keep its capability updated with the existing standards. Care givers should tell service users what they are doing as well as ensure that they are always informed. The health and social care act 2012, the care act 2014 as well as mental capacity act 2005 outline the accountability of the care providers safety and health of people.
2.1 Describe dilemmas that may arise between the duty of care and an individual’s rights
Conflicts and dilemmas arise among the duty of care for individual right to choice. This is not continuously likely for the professionals to meet the individual rights without causing the conflict with a duty of care (Anzaldua and Halpern, 2021). All people have the rights to select their treatment, care as well as support. People rights to make decisions in the duty of care refer with their rights to make decisions concerning their treatment, care as well as support. Caregivers need to respect as well as support their rights by promoting the person centered approach in care. This can include helping people in understanding their options, respect as well as make informed decisions. For example, when a pregnant women refuse medical suggested treatment, her decision might not outcomes in optimal fetal health which leads to ethical dilemma.
Patient autonomy is the fundamental principle in the medicine which identify the rights of the patients to make healthcare decisions concerning their wellbeing. Even the patient with the moderate dementia with the obvious impaired capacity might still be able in demonstrating the choice as well as show understanding. The mental capacity act 2005 offers the comprehensive outline for decision making on a behalf of the adults aged 16 (Mental capacity act 2005, 2025). The act is accompanied by the statutory code of practice offering the guidance on how it is used. All the decisions as well as actions needs to be in the interest of the individual lacking the capacity. The mental capacity act offers individual the legal right make detailed steps pertinent to their care as well as treatment in their best interest.
All health practitioners have the legal as well as ethical duty to protect the confidentiality as well as privacy of the patients. This has been entrenched in the range of healthcare organizational policies, federal, codes of ethics as well as state legislation standards. The duty of care is a legal accountability of the association to safeguard the safety as well as health of another. Informed consent is vital ethical principle within research which plays a significant role in protecting the welfare as well as rights of the patients (Hsieh, 2022). The informed consent procedure is vital aspect in conducting ethical research as well as uphold principles like beneficence, autonomy, justice as well as non-maleficence. Participants should have the capacity to make informed decisions regarding their involvement in the research. This uphold the principle of autonomy which facilitate people to exercise their right in making informed decisions regarding their health.
2.2 Explain where to get additional support and advice about how to resolve such dilemmas
A duty of care is the legal as well as certified responsibility to safeguard others while they are in care while using the services. Practice guidance as well as resource to assist investment professionals navigate complex ethical decisions with the confidence. Line managers play a vital role in cultivating the safety of the workplace (Turkie et al, 2025). They are accountable for incorporating the inspection, identifying hazards, conducting inspection as well as audits. Decision making is the management is significant which one should encounter in situation where various alternatives which might influence the workplace in numerous way. Policies and procedures within the health and social care is significant to safeguard the individual they offer care as well as support for to make sure that the organization is on the right side of the law.
The legal frameworks such as human rights offers the guidance on interpreting the rights as well as balance them against each other. Informed consent is considered as a required as well as ethical consideration of care when initiating the treatment. The aim of regulatory agencies is to safeguard the public safety, health, property as well as overall interest. The role of the CQC register the health as well as adult social care service providers in England with continuous monitoring. Consulting is carried in the area of activity in which the ethical is required. Access expert advice as well as consultancy support from the SCIE drive the enhancement across the families, children as well as adult health and social care (Gur-Arie, Jamrozik and Kingori, 2021). Independent mental capacity advocates (IMCAs) supports the individuals when they are measured to lack capacity in making the decisions.
Advocacy in person-centered care make sure that the clients voices are heard which aligns with the people’s desires as well as best interests. This approach enhance the quality of care as well as promote the empowerment as well as autonomy. Safeguarding is protecting the vulnerable children from the neglect. NHS England safeguarding team in working together to assist protecting the young people, children as well as adults within the communities. Professional carers plays a significant role in mitigating as well as preventing the risk of neglect, harm as well as abuse while sustaining the people (Anzaldua and Halpern, 2021). In social work, interdisciplinary collaboration include collecting the team of specialists with the various skills to offer solution.
3.1 Describe the process to follow when responding to complaints
Within the care sector, handling the complaints efficiently is vital to maintain trust, enhance service quality as well as ensure the compliance with the legal standards. Complaints offer the valuable feedback which assist the care providers recognize the areas of improvement. Handling complaints professionally, promptly as well as with empathy highlight the commitment to high standards as well as person centered care. The robust complaints process is significant component of any domiciliary care service (Loftus, Sahm and Fleming, 2021). Regulatory bodies like care quality commission (CQC) needs the care providers to have a formal complaint process in place. Having the employee grievance process in place highlight the commitment to transparency as well as fairness. The complaint mechanism offers the structured avenue to voice the concern, opportunity for remedial action as well as ensure the transparency at the workplace.
Empathic communication is accomplished by understanding, listening as well as experience other individual’s position. Complaints can highlight the weaknesses in the training policies, programs as well as service delivery which offer an opportunity to enhance the operations. The NICE focuses which listening to feedback which is the key to continuous development in care services which support the implication of well-structured compliant procedure (Hegarty et al, 2022). The thorough understanding of a legal context and social as well as economic landscape is significant to handle the nuances as well as ensure the fair results.
The initial step to the customer complaint is listening carefully to entire complaint. Empathic communication is accomplished by understanding, listening as well as experiencing the individual position. Any complaint concerning the mistreatment must be recorded with all original details as well as investigation (Chan, 2021). The compliant must be filled with the authorized representation of the complaint. This must be clearly identified as well as must be needed to be accompanied by the filling fee. The investigator need to inform all the parties needed for an investigation as well as explain the investigation procedure.
3.2 Identify the main points of agreed procedures for handling complaints
When the complaint is made it is significant that employees follow their organization’s process and policy for handling complaints. All staff should know where to access the complaints policy as well as know the correct steps to follow those asking regarding this. The complainer needs to permit the organization at least 28 days to consider their complaint. All complaints must be investigated, recorded as well as dealt with specific time frame. Complaints are methods of learning in which the change is made to enhance the service (Goranova-Spasova et al, 2023). The compliant procedure forces responsibility, have legal obligation to investigate as well as prevent it from being ignored. Robust as well as efficient complaint process is the key in preventing the challenges from escalating the requirement for staff to resort to whistleblowing to handle the issue.
All the complaints needs to be recorded promptly with the particular timeframe in the business hours (Chan, 2021). An impartial investigator collects as well as analyze the specific evidence with the reasoned conclusion despite of the outside impacts. The investigator will compile all the data collected in the investigation. The investigator needs to emphasize on being impartial to collect as well as consider the specific facts in the specific direction. Investigator needs to be cautious when carrying out the interviews to avoid the interrogation strategies which might results in charges like coerced false concession. Whenever possible in the interview having the third party in the room can serve as a witness as well as take notes. Complaints must be handled promptly in urgency as well as staff needs to be aware of the target timelines for resolving the complaints.
The complainant might escalate the complaints, they might share their dissatisfaction with others which damage the reputation of the organization. Examining the complaints can recognize recurring challenges which facilitate for procedure enhancement as well as improved service delivery. A workplace complaint policy is the formal set of guidelines which is designed to handle as well as resolve the complaints at the place of work (Gur-Arie et al, 2021). Efficient complain management is vital in maintaining the positive atmosphere as well as ensure satisfaction at the workplace.
Conclusion
In conclusion, duty of care offers the reasonable standard of care to the patients as well as to act in the manner which protects their safety. Patients have the right to expect to be treated with the reasonable standard of care by the health professionals with the specific skills. This serves a fundamental guide in offering compassionate, safe as well as efficient care to the patients. This is an ethical accountability to prevent the foreseeable harm to people.
Native Assignment Help offers expert assistance for health and social care assignments, ensuring content aligned with UK academic standards and awarding-body criteria. Our professional writers deliver well-researched, plagiarism-free solutions with accurate referencing to help students achieve higher grades. Choose our trusted Assignment Help UK services for clarity, quality, and academic success.
References
Books and Journals
Anzaldua, A. and Halpern, J., 2021. Can clinical empathy survive? Distress, burnout, and malignant duty in the age of Covid‐19. Hastings Center Report, 51(1), pp.22-27.
Brandt, R., 2024. Procreative Obligations and the Directed Duty of Care. Journal of Applied Philosophy, 41(5), pp.785-803.
Chan, H.Y., 2021. Hospitals’ liabilities in times of pandemic: Recalibrating the legal obligation to provide personal protective equipment to healthcare workers. Liverpool Law Review, 42(2), pp.185-205.
Ellis, P. and Ellis, H., 2021. Ethical and legal concepts: legal aspects of a duty of care. Journal of Kidney Care, 6(3), pp.137-139.
Goranova-Spasova, R., Shtereva-Nikolova, N., Vodenicharova, A. and Gradinarova, N., 2023. ETHICAL DIMENSIONS OF PROFESSIONAL DUTY IN NURSING. Trakia Journal of Sciences, 21(2).
Gur-Arie, R., Jamrozik, E. and Kingori, P., 2021. No jab, no job? Ethical issues in mandatory COVID-19 vaccination of healthcare personnel. BMJ global health, 6(2), p.e004877.
Hegarty, S., Lamb, D., Stevelink, S.A., Bhundia, R., Raine, R., Doherty, M.J., Scott, H.R., Marie Rafferty, A., Williamson, V., Dorrington, S. and Hotopf, M., 2022. ‘It hurts your heart’: frontline healthcare worker experiences of moral injury during the COVID-19 pandemic. European Journal of Psychotraumatology, 13(2), p.2128028.
Hsieh, M.T., 2022. Application for Duty of Care in Article 82 of the Medical Care Act. Angle Health Law Review, (70), pp.132-151.
Loftus, R., Sahm, L.J. and Fleming, A., 2021. A qualitative study of the views of healthcare professionals on providing vaccines information to patients. International Journal of Clinical Pharmacy, 43(6), pp.1683-1692.
McDougall, R.J., Gillam, L., Ko, D., Holmes, I. and Delany, C., 2021. Balancing health worker well-being and duty to care: an ethical approach to staff safety in COVID-19 and beyond. Journal of Medical Ethics, 47(5), pp.318-323.
McDougall, R.J., Gillam, L., Ko, D., Holmes, I. and Delany, C., 2021. Balancing health worker well-being and duty to care: an ethical approach to staff safety in COVID-19 and beyond. Journal of Medical Ethics, 47(5), pp.318-323.
Muñoz-Rubilar, C.A., Carrillos, C.P., Mundal, I.P., Cuevas, C.D.L. and Lara-Cabrera, M.L., 2022. The duty to care and nurses’ well-being during a pandemic. Nursing ethics, 29(3), pp.527-539.
Murray, E.J., Mason, M., Sparke, V. and Zimmerman, P.A.P., 2021. Factors influencing health care workers’ willingness to respond to duty during infectious disease outbreaks and bioterrorist events: an integrative review. Prehospital and Disaster Medicine, 36(3), pp.321-337.
Paraskevas, A., Pantelidis, I. and Ludlow, J., 2022. Duty of care for business travel: how do employers assess and manage business travel risk?. International Journal of Contemporary Hospitality Management, 34(12), pp.4438-4457.
Price, L., 2021. Platform responsibility for online harms: Towards a duty of care for online hazards. Journal of Media Law, 13(2), pp.238-261.
Turkie, R., Perehudoff, K., Sellin, J. and Sainz, A., 2025. Ensuring Pharmaceutical Accountability for Human Rights and Access to Medicines: The Dutch Duty of Care Standard Applied to Pharmaceutical Companies. Journal of Human Rights Practice, 17(1), pp.154-176.
Wheeldon, J. and Heidt, J., 2023. Cannabis, research ethics, and a duty of care. Research Ethics, 19(3), pp.250-287.
Online
Mental capacity act 2005, 2025. Online.
