A breach of duty occurs when one person or an organisation has a duty of care toward another person or organisation but fails to live up to that standard.
A person may be liable for negligence in a personal injury case if their breach of duty caused another person's injuries or mental ill health. By being able to demonstrate that anyone requiring training on these areas has been trained and is up to date, the employer is able to provide evidence that they have taken reasonable precautions to ensure that the wellbeing of every person associated with the establishment is supported.
A clear benefit for the employer is that when everyone associated with their organisation can see that their wellbeing is important they feel much more valued and it builds trust and job satisfaction.
They will also feel empowered to raise concerns about unsafe practice and to act on their concerns. By taking effective steps to ensure that all relevant individuals receive the right training the organisation can promote good practice, reduce risk, eliminate ignorance and create and sustain a safe environment. This is the case regardless of whether that practitioner is a nurse, midwife, Nursing Associate, health care assistant or assistant practitioner.
This can be basic personal care or a complex procedure. To discharge the legal duty of care, health care practitioners must act in accordance with the relevant standard of care. This is generally assessed as the standard to be expected of an "ordinarily competent practitioner" performing that particular task or role. Failure to discharge the duty to this standard may be regarded as negligence.
A newly-qualified nurse would be expected to deliver safe care in the same way as a more-experienced nurse when performing the same task. The standards to be expected are not generally affected by any personal attributes, such as level of experience. The Nursing and Midwifery Council's main aim is to protect the public. It sets standards for education, conduct, training and - ultimately - performance. Those standards may inform the legal standard mentioned above.
So, if a registrant fails to discharge their professional duty of care i. At work you may experience inadequate staffing levels and skill mix, resource constraints and increased demands from management and clients.
These pressures can lead to failures in the duty of care. If you are a lone worker in the community, please also see our guidance on prioritising personal safety. If you are concerned that a situation at work could lead to your duty of care being compromised then you should raise these concerns with your employer, and record your concerns appropriately in line with local policy eg. Read our raising concerns advice and contact us if you have concerns.
There are two aspects that need to be considered:. However, registered nurses, midwives and Nursing Associates should be aware that the NMC Code places a professional duty on them to provide appropriate assistance, within their sphere of knowledge and competence.
Paragraph 15 of the Code states:. To achieve this, you must:. Wherever possible, a nurse should arrange for emergency care to be accessed and provided promptly and should always take account of their own safety, the safety of others and the availability of other options for providing care.
This professional duty may vary in practice, depending on the circumstances and the expertise of the nurse concerned, from simply providing some psychological comfort to the injured person, through to offering more hands on care.
This is illustrated in the following examples:. Each business trip or expatriate assignment carries its own unique set of physical risks. There are different security challenges associated with a CEO traveling to Switzerland as compared to an engineer on permanent assignment in the oilfields of Libya. Similarly, the set risks that accompany travel to the Philippines in October are different than those of travel to Russia in February.
Our duty is to execute your duty. Global Guardian can seamlessly integrate with your existing human resources or travel support team in order to provide tailored duty of care solutions to protect you employees both at home and abroad. Global Guardian can deliver country intelligence reporting and expert advice to establish and implement global corporate-wide travel security programs that leverage technology and military experience.
Find out how more about how our team can support your duty of care needs. Corporate Solutions. Personal Solutions. About Global Guardian. Executive Leadership. Contact Us.
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