Overview

Topics may include:

• English and Welsh Legal system,
• Structure and function of the courts in health and social care decisions making.
• Moral theories and ethical principles.
• The position of complaints, negligence, gross negligence and litigation in the NHS.
• Alternative forms of redress/ NHS Redress Act 2006.
• Vicarious liability and organisational responsibility for harm
• Professional fitness to practice.
• Professional accountability in health and social care – patient safety, negligence and litigation, clinical/practice guidelines and the law, expanded roles and competency.
• The rights of the client in health and social care delivery – to include international human rights, informed consent confidentiality and data protection, capacity and best interest decision making / advocacy / Gillick competence, Mental Capacity Act, DoLS and safeguarding.
• Record keeping and documentation / access to information
• Domestic violence and legal / professional responsibilities

Assessment Strategy

-threshold -Threshold – in order to receive a ‘pass’ for the module, students will be required to achieve a minimum of a C- grade and demonstrate knowledge of and an ability to provide some critical analysis of the legal and ethical principles related to the topics covered within the module. A detailed description can be found in the module handbook. -good -Students must demonstrate a very good detailed knowledge of and an ability to provide a good level of critical analysis of the legal and ethical principles related to the topics covered within the module. A detailed description can be found in the module handbook. -excellent -Students must be able to demonstrate a high level of knowledge of and an ability to provide a critical evaluation of the legal and ethical principles related to the topics covered within the module. A detailed description can be found in the module handbook.

Learning Outcomes

• Critically analyse the development of legal and ethical principles related to health care through legal systems and ethical frameworks.

• Critically evaluate moral theories and their relevance to health and care provision and decision making.

• Critically evaluate the current position of litigation in the health and social care setting.

• Critically review the legal and ethical rights of clients / patients within the health and social care settings.