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How Duty of Care Relates to Duty of Candour

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Brief :

The effective way of providing care without the occurrence of any causalities under the supervision of legal provisions is the ultimate motive of duty of care and duty of candour. To operate effectively without causing harm to its respective audience it is essential for an organisation to adhere with certain laws and duties. For any health care organisation to operate in the market it is must that a proper code of conduct is followed by each cadre of employee to ensure safety of patients. As health care sectors and hospitals deals with the lives of people, government imposes regulations on such organisations in terms of legal and moral obligations on the higher authorities.

The duty of care is related with the legal responsibility of physicians to protect their patients from any unforeseen harm. It is the legal obligation of physicians and doctors to perform within the competence level and not going beyond the way which may affect interest of individuals. Duty of care is not only limited to the health care sector but it also affects an individual’s work role in several ways. For example, it is the legal duty of an individual to not cause any harm and work for the welfare of others, this can be done by taking only those roles and duties which a person is willing to perform. In this way the chances of any mishaps is reduced to somewhat level.

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Legal obligation of health care professionals to be clear and honest about any causalities in the treatment is termed as duty of candour. Duty of candour implies a legal responsibility on doctors and physicians to aware the patients in case of any deformed incident and provide them with necessary support with true information and prompt apology.

Duty of candour is now merged with the regulations of Care Quality Commission which refers to informing in writing about the incident to an appropriate & relevant person and offering them an apology. Alongside, the doctors are also responsible to notify the person with the side effects of treatment and precautionary steps to be taken to subside the adverse effects. Duty of candour is related with false diagnosis, medical errors, surgery of wrong organ or giving false medicinal drug to the patients. Any causality in performing these functions will lead to a breach of duty of candour and this will give rise to criminal penalties. So it is essential for the health care experts to perform the functions with utmost care without putting the life of an individual at stake.

Duty of candour is related with the duty of care as both the terms are associated with health and safety of patients. It is to be noted that duty of care is not only limited to health care sector but is applied to other areas as well. Apart from health care industry duty of care also influences the professional life with self-improvement and sense of responsibility among individuals as it is advised to not take any responsibility which a person is not professionally qualified to perform.

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