A client has intellectual and physical disability living with an adult relative in a house extensively adapted to provide a safe living environment. She is difficult and can be demanding. Carers visit a couple of hours a day to look after her for 3 days.
On Wednesday day during the week, she is very agitated and the carer notices the bruise on her leg upon asking she says she had a fall. On Thursday a different carer notices that leg is cold and a bruise has extended to the back. She calls the doctor who diagnoses broken bone.
What are the elements of negligence to the actions of the first carer.
Where might liability lie in this scenario should action in omission of care be commenced?
What if there is a theft problem or accusation by the attendees of local community daycare. What should be done?
The primary carer consents to the outing of the client to get respite 3 hours a week, on the day of outing the client who suffers occasional confused episodes, refuses to go out or change.
what issues of consent I will face if I was the carer from the agency?
Your personal experience with hypothetical names as carer or agency will be greatly appreciated so I can relate my action if I was in a similar situation.
Our forum is for unpaid family carers.
Members are busy people, who give their precious free time to help others with the reality of their situation.
Why waste our time with hypothetical situations?!
Totally understand what you are saying but these hypothetical situations can be useful for all those unpaid carers who may end up in a bit of a pickle situation, I thought it would be a learning opportunity for all. If you don’t want to participate in a useful discussion or if it is something of least interest to you then you don’t need to comment. Thanks
Are you an unpaid carer?
If you have a real problem with your caree, then share it with us.
Hypothetical situations like the ones you mention are the sort of thing that come up from time to time in the real world and in some cases - like the first two - involve Safeguarding procedures, which generally are dealt with by the police and social services, with next to no involvement from family carers. If there’s a suggestion of criminality involved, the police take charge. Otherwise it’s social services. Strictly speaking, what happens depends in part on the local rules that are used to interpret national legislation, so it would be impossible to go into any detail.
The third one is straightforward in legal terms. If the person cared for has capacity, they’re within their rights to refuse. End of story. If they don’t, then it’s down to a best interests decision but that requires a number of people to be involved, not just family, unless they have Power of Attorney or a Deputyship under the Court of Protection regarding finance and property AND health and wellbeing.
Hypothetical situations are useful training tools but they’re not likely to be of much help to most carers using a forum because individual circumstances and localities are so varied. And none of us on here are experts: we simply have our own experiences to fall back on, and “common sense” - and they don’t always help.