CHCLEG001 Work legally and ethically Case Study Based Assessment

Case Study 1 | 1Jackson Vs Lithgow City Council (2010) NSW CA 136

Health and emergency service workers in the pre-hospital environment should also be aware of their actions that can directly affect the ability of police to gather and preserve evidence.While it is understood that the priority for health care workers in this setting is the health and wellbeing of the patient, workers should be mindful of the way in which they enter and work in the environment. If for instance, paramedics are called to a concern for welfare case or are called to attend a scene by the police, they should be aware of the way their presence at the scene may disturb it. For example, if an intruder has accessed a premises unlawfully and is known to have walked across the middle of the room, and a paramedic, called to the scene, also proceeds across the middle of the room, evidence of this movement will be left as well. It is recommended that the rescue parties approaching a scene like this walk around the edge of the room rather than down its center, thus leaving the evidence of the intruders pathway undisturbed. Where practicable, pre hospital care teams should try to preserve as much evidence as possible. This includes items such as the gloves they wear. DNA evidence from the patient may also become embedded in an officers uniform. They should be mindful of evidence such as blood splatter and make all attempts to ensure that it remains untouched. Pre-hospital care teams may also take note of anything touched, moved, noticed or smelt at the scene. This may be called upon at a later date as evidence in court.

In the case of Jackson v Lithgow City Council [2010] NSW CA 136, the court considered the question of whether the records made by ambulance officers attending the scene of a man who had allegedly fallen 1.5 meters were admissible as evidence of the fact which the man was attempting to prove in his case of negligence against the council. The records showed that the recording officer had writtennext to the patient history: ? Fall from 1.5 meters onto concrete. The question mark appearing in the record suggested that the height and indeed the fall was not confirmed. Neither of the officers

AT1.3 Legal Case Studies

were called to give evidence and so the court was asked to consider if the documentation provided any admissible evidence that could contribute to the case. The court accepted that the documents added legitimate opinion (an inference) that from all that he or they could see there was a question whether the plaintiff had fallen off the wall. The inference (and thus the opinion) was based upon what the ambulance officers perceived. This case demonstrates the importance of taking and recording accurate notes of events and findings at the scene as they can later be used and relied upon in court for a variety of reasons

Case Study 1 | Assessment Task Response

Research Task

You are required to conduct some evidenced based research related to the above case (Jackson v Lithgow City Council [2010] NSWCA 136) and discuss the related points that this case makes, in consideration of your learning and the legal and ethical issues of the same. (200-300 words)

You must identify your research sources in a reference list at the end of your work

You should consider, at a minimum, the following:

1. Legal issues including the relevant, current legislation including inference and evidence gathering for potential court cases
2. Codes of Conduct and Standards for Clinical Practice
3. National Safety and Quality Health Service (NSQHS)
4. WorkSafe Australia
5. Documentation and record keeping requirements

Case Study 2 | Ethical Dilemma

Ethical Research Task

Consider the following

You are called to an incident involving two people who have been involved in a motor vehicle accident (MVA) where there is a high probability that body fluids have been spilt and have been transferred between patients.

One of the patients has identified that they are HIV positive and has strongly asked you not to divulge this information to the other patient involved in the MVA.

Case Study 2 | Assessment Task Response

For this activity and assessment task response, you are required to address the following questions. You can conduct additional evidence-based research and must provide your sources in a reference list at the end of your work. Every attempt must be made to answer where relevant, in your own words.

Questions for Response

You should consider, at a minimum, the following:

6. Where do you stand legally, ethically and morally in this situation?
7. What is the current, relevant legislation and the principles of ethical decision making related to this case study.
8. Discuss the Privacy Act 1988 and the Australian Charter of Human Rights in relation to the privacy and confidentiality issues.
9. Discuss why or why you would not choose to disclose this information to any other party involved and justify your response.
10. Discuss your duty of care in this situation related to the following:

• Legal - What is required legally?
• Professional/ethical What is the right thing to do as a paramedical professional and in consideration of the patients human rights and ethically?
• Organisational - What does the health care industry say you should do?