Mental Health Care and the Responsibilities of Care

What is mental health?  ‘Mental health’ is often used as a substitute for mental health conditions that affect a person’s mood, thinking and behaviour.  The signs and symptoms of a mental health condition depends on the disorder and circumstances of the person. Some examples of mental health conditions may include (but are not limited to):  Mental health conditions can cause distress, impact on day-to-day functioning and relationships.  Without appropriate mental health support or treatment, a person who suffers from mental health issues can fall victim to further issues.  Why is mental health important? Mental health is an important component for everyone. From childhood, through to adulthood, our mental health affects how we think, feel, and behave. It is also a key player in our emotional, psychological, and social well-being, and impacts how we can handle stress, empathise with others, and make decisions.  Nurturing and supporting our mental health allows us to realise our full potential, cope with the stresses of life and make meaningful contributions to our community. Some people with high levels of mental health have may include:  What is duty of care in mental health services? Mental health services exist to meet the needs and preferences of people with mental health conditions as well as to assist in their mental health recovery. It is an expectation by Australian Law that people with a mental health condition receive safe and high-quality mental health support and treatment when they are unwell.  Mental health statement of rights and responsibilities The Mental health statement of rights and responsibilities provides a framework to guide policy and practice as well as inform mental health carers and those with mental health conditions.  Access to this publication is free and can be found at the Department of Health website, or simple download the pdf here – Mental health statement of rights and responsibilities. If you need help understanding the Mental health statement of rights and responsibilities document, talk to our mental health negligence lawyers today.  Our mental health negligence lawyers are happy to assist you with any concerns you might have about your duty of care as a mental health carer and can provide you with expert legal advice. How do we define mental health carers? Mental health carers are trained practitioners, peers or family who provide mental health care, supportand assistance to people who need mental health services.  Mental health carers may be the following:  Mental health carers do not include people that: Employer’s duty of care to employee’s mental health Under Australian Law, employers have a similar duty of care as mental health carers.  Understanding the risk of your employees’ mental health and psychological injuries in the workplace is a critical part of managing and promoting mental health and wellness. Employees can make mental health negligence claims against their employer if there is evidence that their employer failed to act on their concerns and complaints in the workplace. For example, bullying that led to a mental health condition or worsening of an existing mental health condition.  Setting clear policies and procedures to manage risk and complaints can help employers educate their employees and ultimately support the mental wellbeing of employees in their workforce.  Contact our workplace lawyers today for help in creating and communicating a mental health policy and procedure at your workplace to manage mental health risk and promote positive mental health.  If you are an employee who wish to give your employer notice regarding a possible negligence claim due to mental health condition, contact our office for an obligation free discussion. Reach out to our mental health negligence lawyers now for legal advice and representation on your case.

Duty of Care in Aged Care & Nursing Homes

Duties & Responsibilities of Care Duty of care is a concept that may not be obvious to conceptualise. How far does a duty of care reach? What does it cover? The term does have a specific definition as according to The Department of Health of Australia, who outlines it in a summary as: “The principle of duty of care is that you have an obligation to avoid acts or omissions, which could be reasonably foreseen to injure or harm other people. This means that you must anticipate risks for your clients and take care to prevent them coming to harm. Remember that harm encompasses both physical and emotional harm.” From this definition, we can understand that a duty of care is the responsibility of an employer or care institution to provide a safe place where workers or residents are not placed in the way of reasonably foreseen harm. This is most relevant in the context of a traditional working environment but can also be applied to a hospital or care institution such as an aged care home. What is the Duty of Care in Aged Care? In an aged care context, the overarching duty of care concept is similar to other personal injury cases, but there are some slight differences. The Charter of Aged Care Rights outlines the rights of Aged Care and Nursing Home residents, as well as the duties and responsibilities of those tasked with the care services. All aged care providers which are Australian Government funded are required to comply with the Charter. The Charter has been formulated so that the duty of care towards Aged Care residents is clear for all of those involved, including residents and providers.  What Are Some Examples of Duty of Care in Aged Care? Some examples of the rights that those in aged care have include, but are not limited to, the following: A full list of your rights as an aged care recipient can be found here. Breaches of Duty of Care in Aged Care Breaches of the duty of care for Aged Care residents are unacceptable, and something all Aged Care providers should have zero-tolerance. However, they do happen occasionally. An example of a breach in the duty of care for an Aged Care resident could include any of the rights mentioned above. If your elderly loved one has told you of an occasion or number of occasions where their carers or nurses have left them feeling disrespected, neglected or discriminated against, call the Australian Elder Abuse hotline on 1800 ElderHelp (1800 3535 374) or contact us today. Through this hotline, you can find advice and resources to assist yourself and others. You can also provide a formal complaint through the My Aged Care website. Breaches in the duty of care in Aged Care homes take several forms and are serious offenses. If you believe your loved ones or others in an Aged Care facility are experiencing any of the above poor treatment and a duty of care has been breached, call the Australian Elder Abuse hotline or contact us today.

Everything You Need To Know About Medical Negligence Claims

If you’ve been subjected to substandard healthcare, you may be entitled to make a medical negligence claim. Whether you need to take legal action against an individual practitioner or a medical organisation, Sinnamon Lawyers can help you understand how the claims process works and assist you with building a strong case. What is Medical Negligence? Medical negligence occurs when a healthcare provider’s act or oversight causes a patient harm. In Australia, all healthcare providers are required by law to provide their patients with an adequate duty of care. If you can prove your healthcare failed to meet this requirement, you may qualify for a medical negligence claim. From botched surgeries to the delayed diagnosis of an illness, medical negligence covers a range of clinical errors. Also known as medical malpractice, this type of claim can be made against any healthcare provider, including: What are common areas of medical negligence? Inadequate treatment can arise in any area of medicine. However, some specialisations are especially prone to negligence. These are some of the most common areas of healthcare where medical negligence occurs: How much compensation can I claim for medical malpractice? The amount of compensation awarded in medical negligence claims varies by case. After reviewing your circumstances and the evidence provided in support of your claim, our lawyers will be able to advise you of the damages you’re entitled to. If you can no longer work due to the illness or injuries you’ve sustained due to medical malpractice, you may be able to claim for lost income. Any out-of-pocket expenses you’ve had to cover will also be taken into consideration, in addition to compensation for pain and suffering. Who pays the compensation in medical negligence claims? The healthcare provider’s insurance company will usually cover the cost of compensation. Under Australian law, all registered medical practitioners must be covered by insurance. This means that in medical negligence claims, any damages you receive will come from an insurance company, rather than the individual practitioner’s pocket. How long does a medical negligence claim take? It’s difficult to provide an exact timeframe without seeing the details of your case. At Sinnamon Lawyers, we know how crucial it is for our clients to access compensation quickly. We’ll do everything we can to speed up the claims process so you can get your life back on track. What costs are involved with making a medical negligence claim? Costs can vary depending on how long it takes to resolve your claim and the amount of outlays and expenses generated by your case. If you’re concerned about the financial risks involved with taking legal action, Sinnamon Lawyers offer a No Win No Fee service. This means that if your claim isn’t awarded compensation, you won’t need to pay your legal fees. If you’re thinking of making a medical negligence claim, contact Sinnamon Lawyers to arrange a free consultation today.

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