Law and Health care

Law and Health Care

First assessment
3000words of coursework and readings for section one..

Second assessment is an case study and includes one module of health care law from section one of the coursework..

? Assessment
? Section 1
? Module 1 ? Perspective and context
? Module 2 ? Professional liability
? Module 3 ? Professional regulation
? Module 4 ? Trespass to the body and consent
? Module 5 ? Criminal law and nursing and midwifery practice
? Section 2 ? Application
? Module 6 ? Applications to the practice of nursing
Assessment
o Assignment guidelines
o
? Assignment 1
o Section 1: Activity responses
o Confirmation by Student that PATIENT DOCUMENTATION is de-identified
o Marking criteria assignment 1: Section 1 study book activity responses
? Assignment 2: Essay for module 6,
? Marking criteria assignment 2: Essay for module 6,
Assessment schedule
This course has two assessment pieces:
? Assignment 1 requires submission of your responses to activities found in section 1 of the study book.
? Do not submit personal activities of reading activities.
? Assignment 2 is an essay only for nursing,
Assignment 1: Section 1 of study book
Assignment 2: Essay
Notes for assignment 2:
? Students must attempt a section according to their program of study ? Master of Nursing (module 6),

Assignment guidelines
Assignment presentation
The assessments must be received and be considered satisfactory for students to pass the course. The assignments are to be written in ink, or typed with double line spacing, Ariel font size 12, on A4 paper. All sheets should be stapled together with the cover sheet attached.
The area to be investigated must be identified in the introductory paragraph. The case presented must be patient oriented.

Referencing
In this course, you will use the APA referencing system.
You will lose marks if there is an absence of:
? consistent APA style referencing both in-text and in the end reference list (these should match up)
? consistent APA style referencing/citation used in-text
? accuracy with all sources of information acknowledged
? comprehensive reference list at end of report.
Marking and submission
In marking your assignment, key criteria as appropriate will be assessed, therefore read your assignment requirement and marking criteria carefully.
Please note: Penalties will be given for poor presentation (style, punctuation, spelling mistakes and grammar); poor referencing; and lateness.
When submitting your assignment, please ensure that you:
? clearly label your assignment with your name and student number in the header on each page
? attach the marking criteria to the assignment
? must provide reference and access to relevant case law if this is not available in the text book ? marks will be deducted if this is not provided.

Presentation requirements
? assignments should be submitted on A4 size paper
? please type the assignment,
? use double-spacing if typing your assignment
? only type on one side of each sheet of paper
? leave a margin of at least 3 cm on the left-hand side of each page
?
? assignment 2 ? must include a contents page clearly listing the different sections, appendices, etc.

Assignment 1
Section 1: Activity responses
Description Due date
Assignment 1 15 August 2013
Length: Maximum 3000 words (? 10%)
Section 1 of the study book comprises planned learning activities designed to test your mastery of the course objectives. You are also expected in some cases to provide photocopies of clinical documents or organisational policies. If these are not provided you could be jeopardising a substantial amount of your marks. To complete this assignment you need to read section 1 of your study book and the directed ?textbook? and ?selected reading? where directed before completing the relevant activity. ?Additional readings? are also provided for your interest in some instances. The study book is made up of nine modules and each module has its own weighting, marks and word allocation. When responding to the Activities you need to consider the maximum word count indicated. Each activity?s response should be clearly numbered and submitted on A4 paper. DO NOT RETURN THE STUDY BOOK. SUBMIT CLEARLY NUMBERED ACTIVITY RESPONSES ONLY. Ensure you identify in each activity any relevant appendix.
When answering EACH activity you will need to use APA referencing appropriately, which includes IN TEXT referencing that corresponds to the references found in the reference list provided at the end of the assessment. Referencing will not be counted into the total word count in this assignment only.
Where ideas from a text, reference or article are used, the source must be cited. Similarly, where comments from personal interviews are used, acknowledgement must be made.

To maximise your marks in this assignment ensure that each of your responses includes:
? A demonstrated understanding (U) of any recommended readings associated with the activity.
? Mindful and critical application (A) in completing all of the steps in the activity.
? Correct APA referencing (R) technique within the text of the response and reference list.
Overview of the requirements of section 1 of study book activities
Module Activities Word count Marks
1:
20 marks
20% weighting 1.1 350 8
1.2 350 12
2:
25 marks
25% weighting 2.1 150 5
2.2 300 12
2.3 250 8
3:
25 marks
25% weighting 3.1 250 12
3.2 350 8
3.3 150 5
4:
15 marks
15% weighting 4.1 200 7
4.2 250 8
5:
15 marks
15% weighting 5.1 150 5
5.2 250 10
TOTAL 12 activities 3000 words 100 marks

Notice to Medical Facility
A currently enrolled student may be seeking access to de-identified patient documentation solely for the purposes of completing an educational activity and assessment in – The Law and Health Care Practice, which requires the student undertake an audit of patient documentation. The de-identification of the documents will not compromise the integrity of the assignment.

Permission of _________________________________
(Name of Medical Facility)
I confirm that this Medical Facility has released de-identified patient documentation to you for the sole purpose of completing an educational activity and assessment in – The Law and Health Care Practice.
__________________________ __________________ ___________
Name of Medical Records manager Signature Date

__________________________ __________________ ___________
Name of NUM or Supervisor Signature Date

Student to submit this page with marking criteria. If this page is not submitted and duly endorsed, the activities relating to this document will not be marked and a mark of 0 (zero) will be awarded. If breaches are found, e.g. name, signature, etc. in the de-identified documents, the activity will not be marked and will attract zero (0) marks.
Confirmation by Student that PATIENT DOCUMENTATION is de-identified
I, (print name) _________________________ Student No: ________________
understand that it is essential and I am personally responsible for ensuring that all information relating to any individual that not only identifies but could possibly identify the person have been de-identified prior to submission of these documents for this assessment. I understand that the method of de-identifying the individual?s personal information must ensure that all identifiers have been permanently removed and are not able to be re-identified or reinstated. This should include double blacking or blacking back and front. It is recommended that the documents be accessed through the Manager of the Medical Records Department of the relevant Medical Facility who may be able to assist you with de-identifying the documentation.
Personal information requiring de-identification includes but is not limited to dates, (dates of admission, discharge, birth, death), full face photos and comparable images and attendant allied health professional, nursing staff, medical staff and facilities.
I understand and am aware that accessing, using, disclosing and failing to de-identify the documentation may make me personally liable for a breach of my and the relevant Medical Facility obligations to comply with the requirements of the Information Privacy Act 2009 (Qld) or any relevant Privacy Laws and Policies applying to the Medical Facility.
I understand, confirm and declare that the patient documentation I am submitting for this assessment has been obtained by myself:
1. solely for the purposes of completing an audit for an assessment
2. with the consent of the relevant Medical Facility to the release of the documentation;
3. in accordance with the provisions of the Information Privacy Act 2009 (Qld) and any relevant Privacy Laws and Policies applying to the Medical Facility, and
4. is completely de-identified according to the hospital?s policy of de-identification.

__________________________ __________________
Student Signature Date
Student to submit this page with the assignment. If this page is not submitted and duly endorsed, the activities relating to this document will not be marked and a mark of 0 (zero) will be awarded. If breaches are found, e.g. name, signature, etc. in the de-identified documents, the activity will not be marked and will attract zero (0) marks.

Marking criteria assignment 1: Section 1 study book activity responses
Attach to submitted section 1 study book activity responses.
Student name: _____________________________ Student number: __________________
Section 1 module Activity Marks U* A* R* Marks obtained
1. Perspective and context: 1.1 8
1.2 12
Module 1: Total /20
2. Professional liability 2.1 5
2.2 12
2.3 8
Module 2: Total /25
3. Professional regulation 3.1 12
3.2 8
3.3 5
Module 3: Total /25
4. Trespass and consent 4.1 7
4.2 8
Module 4: Total /15
5. Criminal law 5.1 5
5.2 10
Module 5: Total /15
Marks deducted for lateness
Overall Total /100
*U = Understanding; *A = Analysis or Application; *R = Referencing.
WHERE THE BOX IS TICKED MARKS HAVE BEEN DEDUCTED.
Comments: _______________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
Course examiner: __________________________________ Date: __________________

Assignment 2: Essay for module 6,
Description Marks out of Wtg(%) Due date
Assignment 2 30 August 2013
Length: 2500 words (? 10%)
Preamble
The critical test of this assignment is based on your selection and treatment of a case scenario in order to demonstrate your mastery of the learning objectives identified in module 6
Requirements for this assignment
Select a scenario (case study) from your practice (Mental Health or Aged Care) which will allow for the exploration of legal and ethical issues and application of risk management. The case scenario may be actual or potential and must arise from the context of your practice as a nurse or midwife.
In writing your assignment 10% over the recommended word length is permissible.
Select a case scenario with reference to ONE of the following areas of the law that you have studied throughout section 1 of the study book:
1. Professional liability (Relate to a topic found in Module 2, section 1 of the study book).
2. Professional regulation (Relate to a topic found in Module 3, section 1 of the study book).
3. Trespass to the person and consent (Relate to a topic found in Module 4, section 1 of the study book).
4. Criminal law and nursing and midwifery practice (Relate to a topic found in Module 5, section 1 of the study book).
You have the choice of selecting for critical application to your nursing or midwifery practice, civil, administrative, and/or criminal law.

Requirements and expectations for this assignment are:
*Check the weightings of the marking criteria for clues to the level of attention required to each of the requirements of the task.
1. Description of the case scenario you have selected and which arises from the context of your nursing practice. (Place case scenario in appendix so that it does not take up your word count.)
2. Give an overview of the risks in your case in relation to legal, ethical, and clinical consequences. In this assignment you will need to demonstrate links between legal, ethical, and clinical reasoning in the critical analysis of your case scenario.
3. Identify the branch of law you think is most relevant to your case scenario and why ? that is differentiate it (from other branches). Your case scenario may involve civil, administrative, or criminal law etc. See McIlwraith and Madden (2010) for more on this. Also refer to your study book, section 1.
Clearly identify and define the legal breaches, and/or offences, for example, civil negligence, professional misconduct, fraud or assault etc. Provide an analysis of the legal nature of the breach as it applies to your case study. Refer to relevant case law and related judgements where applicable.
4. Provide an analysis of what you believe to be the major ethical issue in your case scenario. In your analysis use appropriate ethical discourse. See McIlwraith and Madden (2006) for more on this. Also refer to your study book, section 1.
5. Keeping in mind a system approach, provide one (1) risk management strategy designed to directly eliminate or mitigate the risks you identified in your case scenario. The strategies/actions must be specific to the risk.
6. Identify methods of evaluating the effectiveness of the risk management strategies: provide evidence of evaluation undertaken. This knowledge will help you defend the standard of care for the future. Take it as given that incident reporting (e.g. PRIME) and correlation of this data is being conducted at your organisation so do NOT identify this as a strategy.
Note:
? Please attach the cover sheet and marking criteria form for this assignment.
? Retain a copy of this assignment.
? Read and adhere to this assignment?s guidelines.
? The assignment must include a contents page clearly listing the different sections, appendices, etc.

? Module headings may be used by following the format of the marking guide.
Marking criteria assignment 2: Essay for module 6
Attach to submitted section 2 essay
Student name: _____________________________ Student number: __________________
Assignment 2: Case study: nursing or midwifery practice Max. mark Mark obtained
1. Appropriate selection of case scenario; adequate description in context. (Situated as an appendix.) 10
2. Clarity in description; accuracy in identification and detail of legal risks, ethical risks, clinical risks; adequate differentiation of each; evidence of connection of legal, ethical, and clinical reasoning.
(400 words) 15
3. Adequate identification and analysis of branch of law and specifics (principles or elements) of legal breaches and/or offences from the case scenario; appropriate use of case law and judgements.
(750 words) 30
4. Adequate ethical analysis of the major ethical issue within the case scenario; appropriate use of ethical discourse appropriately.
(550 words) 15
5. Uses a system approach to outline risk management strategies for identified risks; appropriate treatment of risks identified.
(550 words) 20
6. Evidence of evaluation undertaken; or evaluation proposed; identification of methods for evaluating effectiveness of risk management strategies.
(~250 words) 10
7. Correct use of APA Referencing System ? up to 10%
8. Penalty for poor presentation (style, punctuation, spelling mistakes, grammar) ? up to 5%
TOTAL /100
Comments: _______________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
Course examiner: __________________________________ Date: __________________
12345= can have 3days from now
assignment 2 extra day
fabricate the patient instead
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