Describe the standard of proof that would be required for the action to be successful and who bears the burden of proof
In your future role as a health care professional you will be faced with complex and challenging situations. There will at times be a legal solution that can be applied to the situation and it is important that you are aware of what this might be so that you can confidently practice within these legal boundaries. Almost always there will be differing ethical positions that need to be considered. The purpose of this case study is to provide you with the skills to identify a legal issue including the possible outcomes and consider why an ethical conflict arises.
The case study will assess all of the learning outcomes in 2972NRS. You have been provided with a contemporary health law case study. It is based on a real life situation and reflects some of the diverse and challenging issues that can arise within the provision of any health care service. You are required to identify and discuss the legal and ethical issues presented in this scenario.
You are expected to submit your case study with appropriate grammar spelling sentences paragraphs and references. It should be structured using the following headings:
Introduction
Legal Issues
Ethical Issues
Conclusion
References
Referencing: APA 6th Ed
Word Limit: 1500 words (excluding references)
Assignment Weight: 30%
Introduction
A short introductory paragraph that outlines what you will be presenting in your case report.You do not need to include a detailed account of the facts in the scenario; this will use up word unnecessarily and the markers are aware of the facts.
Legal Issues
Identify and discuss the legal issues raised by the facts in the case study. This requires you to:Consider the facts and identify the main legal issue
Identify who could bring an action and what type of action that would be
Identify the elements that would need to be proved for the action to be successful
Describe the standard of proof that would be required for the action to be successful and who bears the burden of proof
Describe any possible defences that could be raised and who would raise them.
Outline the possible outcomes could eventuate
Ethical Issues
Referring to the Universal Declaration on Bioethics and Human Rights:Identify the principles that are relevant
Describe how the principles apply to the facts in the scenario
Describe where a conflict may arise. This may be a conflict between two different principles or a conflict between different parties involved in the scenario.
Describe what steps might be required to address any conflict.
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