Duty of Care Learning Disabilities

Q2. “Do you feel that the nurses caring for Scott fulfilled the duty of care that was owed him? The NMC: The Code requires nurses and midwifes to treat people as individuals. They must treat them kindly with consideration and respect their dignity. They must act as an advocate for people in their care and provide them with support and information access to health and social care needs. I don’t feel that Scott was treated in this way. According to Scott he was not given enough information regarding his health and treatment when he awoke form his operation.

This suggests that he was not treated kindly or with consideration. It also suggest that he was not treated as an individual because he felt that he was refused information because of he has a learning disability. He points out in his letter of complaint that strangers in the bed next to him where given more information about his condition than he was. This is not protecting or respecting the individuals dignity or confidentiality. It also shows that Scott was discriminated against because of his learnig disabilities.

The Code: tells us that nurses and midwifes must not discriminate in any way against people in their care. The Code shows us that nurses and midwifes must respect people right to confidentiality, this was shown in Scott’s letter that this was not the case as the people in the beds’ next to him where told more about his condition and treatment than he was. The Code also points out that nurses and midwifes must ensure that people are informed about other services and support and are given access to these. As Scott says he was depressed after his mothers death.

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Should the nursing staff that had the duty of care over Scott, provided services and support on the information that was given to them on his feeling of grief at the loss of his mother. They did not talk to him about it because they did not know what to say. If the nursing staff did not know how to deal or talk to Scott about this then they have a duty of care to find relative services and support for Scott. It is the nurses and midwifes responsibility through duty of care to protect and promote health and wellbeing of the people in their care.

This could have been carried out by providing Scott with grief counceling for instance. As Scott was coming round after his operation he told the nurses of what he remembered. It is the nurses’ in this case according to NMC: The Code, that they ensure the people in their care are listened to and that their concerns and preferences are responded to. Scott felt the response he received with regards to the information he was given after his operation was not enough or what he had wanted. This seems to sugest that Scott was not listened to when he told the nursing staff of what he remembered of before his operation.

This also seems to raise the subjest of the responsibility layed out in The Code, a failure to share with people, in a way they can understand and that it is the information they want or need to know about their health. The Code was set out to ensure best practice and to safe guard the health and wellbeing of the people in care of nurses and midwifes. It should ensure that problems are dealt with and that nurses are open and honest. It calls for nurses to explain fully and promptly to the person affected what has happened and the likely effects. In the case where Scott was receiving the taking of blood 3-4 times a day.

He felt he was refused information as to why so much blood was being taken or why. He also describes that he was hungry and refused food but was not given a reason why. This would suggest that Scott was not asked for consent. For consent to be gained it is important that nurses and midwifes must up hold the rights of the people in their care and they are fully involved in decisions of their care. In order to make dicisions we must have information available to us in order to make that decision. As Scott was not given any information as to why regular blood samples where taken then how can he make an informed decision about his care.

This would suggest a breach in gaining consent for those responsible for Scott’s care prior to treatment. The Code also call that nurses and midwifes must be aware of legislation regarding mental capacity. People who lack mental capacity remain at the centre of the decision making and are fully safeguarded against harm. If the nursing staff felt that Scott lacked mental capacity it is their responsibility to make arrangements to meet his communicaton needs and to recognise and respect the contribution he could have made to his own care and well being.

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