Annie V. Smith Procedure Essay

This change is significant in light of the facts as Alessandria and Luca both must fulfill s 30(2) in order to claim for pure psychiatric injury. Particularly, Alessandria’s ability to recover was made difficult through the NSW Act’s removal of “aftermath” from s 30(2)(a), as she didn’t directly perceive the accident. The removal is in line with the common normative concepts of reasonable foreseeability because those who witness the aftermath may be a “large and disparate… class… as to make liability indeterminate”. However, Wicks v State Rail Authority , interpreted the Act to allow rescuers to recover, allowing Alessandria to recover on the facts. This highlights the harsh construction of the Act, as there are normative concerns over disentitling people from their ability to claim. Firstly, the limitation on relationships in the Act ignores the possibility of non-nuclear family members often considered close, especially in multicultural society. Additionally, ‘no-duty’ rules undermine the moral precepts of fault principles in negligence, as they ensure defendants are not always held accountable for action where they were at fault. For example, if Alessandria is found not to fulfill s 30(2)(a) she will be left without remedy for the pure psychiatric harm suffered, despite the fact that it would not have occurred without the defendant’s negligent

Plaintiffs allege that defendants had prior knowledge that their daughter was a target for murder by a psychiatric patient and failed to warn the victim or anyone capable of stopping act. Defendants had notified campus police of patient’s intent, but after detaining him briefly, chose to release him because he “appeared rational.” Plaintiffs allege liability based on defendants’ failure to warn of impending danger, and failure to confine the patient. The Superior Court of California sustained the defendants’ demurrers to plaintiffs’ complaints. Appeal followed.

Our agency assists low income seniors living on fixed incomes with mental health services. Our services include screenings for depression, dementia, and early onset of Alzheimer’s. We also provide mental health counseling services for grieving widows and work towards reconnecting individuals with support services in the community.

Hy5 is known as the industry's leader in flood damage repair in Ulverston, using top ranking techniques and flood specialists who are well trained in operating modern equipment and effective cleaning products.

1.) Criminal law is considered wrong against society and Civil law is considered a wrong in between individuals. I believe that these facts could give rise to both a criminal and a civil case. The reason I think this is because these nursing aides did stuff that society would see as wrong, like abusing the elderly. Also the residents/patients didn’t like what these aides where doing to them so in turn it is a civil law that is being broken as well. The nursing aides were simulating sexual acts with the residents/patients in which they were screaming, and also striking pinching and poking the residents/patients.

The patient is a transgender and has HIV. Our society has not fully accepted transgender as a societal norm, because of their gender identity and expressions are different to societal expectations of gender. The patient hardly has family support, which can possibly cause poor adherence due to isolation. HIV

There are many things which can affect access to complementary therapies. The ones I will be explaining are:

Task 2: Understand how to implement a person-centred approach in an adult social care setting.

The aim of the organization (red hut day nursery) was to carry out high standards of care from children age from 3 months to 5 yrs old. Whilst following the curriculum guidelines of early years foundation. The role of the organization was to care for children within their responsibilities whilst the Childs parents or carer has left them in the organization care. Policies such as ensure every child is treated fairly and equally depending on that Childs needs in order for their needs to be meet , was expected of all staff members to conduct themselves in such away . the role of each staff member was to ensure that

Reporting of Injuries,Diseases and dangerous occurrences regulations of 1995 requires the reporting of work-related accidents, diseases and dangerous occurrences. The Act applies to all work related activities, but not to all work related incidents. The objective of the regulations is to enable the enforcing authorities to identify where and how risks arise and to investigate serious accidents so as to prevent them from occurring in the future and thus providing a safer work environment. The enforcing authorities can then help and advise you on preventive action to reduce injury, ill health and accidental loss,the main points of our own policy that relate to this are:

No Secrets – Guidance published by the Department of Health, builds upon the governments respects for human rights and highlights the need to protect vulnerable adults through effective multi-agency work.

Abuse of vulnerable people in most parts of the world needs to be stopped because it falls under the protection of human rights as It is fundamental right for all people to living a life

) First and foremost, in order for us to claim for the psychiatric damage that Adam has suffered under tort law, we will have to prove that Adam is either a primary victim or a secondary victim and Adam is suffered from a recognised psychiatric illness, anxiety and stress will generally not sufficient. Primary victims are those who directly involved in the event and secondary victims are those who are suffered a psychiatric illness when someone they know is killed or injured in an accident. A recognised psychiatric condition is defined as a genuine illness or injury, needed medical evidence and has a long term effect. Adam might claim as a primary victim in this case, because a primary victim has to suffer physical injury or at a risk of physical injury and psychiatric injuries. The liability of causing psychiatric injury depends on foreseeability of physical injury, for example, in the case of Page v Smith where Mr Page suffered no physical injury but a recurrence of Chronic Fatigue Syndrome and became unable to work, Smith is liable as he could reasonably foresee that Mr Page suffer physical injury. Adam could claim as a primary victim if Adam is in the zone of physical danger, I firmly believe that Adam was in the zone of danger at that time because he was seated in the row of the seat immediately behind their children and the risk of physical injury of Adam was also foreseeable, therefore, Adam owed a duty of care in relation to psychiatric damage. Besides, the

I will now talk about each patient needs as they all differ from each other. Nusrat Patel is 19 years old and has learning disability. This means Nusrat has difficulties in keeping knowledge and skills to the expected level of those the same age as her. Nusrat also has epilepsy which is neurological brain disorder when someone has epilepsy, it means they tend to have epileptic seizures, a seizure is a sudden attack of illness. Nusrat has left residential school to receive full time carer from her mum who has stopped working to care for Nusrat. At times this can be stressful so Nusrat attends the community centre on Tuesday and Thursday which allows Nusrat mother to have a break. Maria montanelli is 34 years primary school teacher who is much like Nusrat mother and takes care of her 96 years old mother who has dementia. Dementia is memory loss and difficulties with cognitive development. Being a primary care for her mother Maria feels she not performing at her best ability because of her lack of sleep which occurs when she assists her mother to the toilet several times. The last patient I would like to mention is Alice Fernandez she is 74 years old who recently lost her husband who had lung cancer. Alice doesn't use her pension the right way as she purchases many drinks as an alcoholic and has increased since her husband passed away. She has been prescribed antidepressant tablet by her G.P but made her lethargic this means she's become slow and sluggish.

In Jones v Kaney cases, Mr. Jones (Plaintiff) was claiming for the damages of physical and psychiatric injury after the impacts of a road accident and instructed by Dr. Kaney (Defendant), who is a consultant clinical psychologist as his expert to determine the level of damages. In the initial report, Dr. Kaney’s opinion was that Jones was suffering from depression and post traumatic stress disorder (PTSD). However, the view taken by the advisor psychiatrist, Dr. El-Assra instructed by the insurers defending the claim was that Jones had been "exceptionally misleading and tricky in his reporting", suggesting that he might be deliberately giving incorrect information or exaggerating his physical symptoms and injuries