Human Rights Review Tribunal-Free-Samples-Myassignmenthelp.com

Questions: 1.Demonstrate understanding of legal institutions and process in health care. Explain the powers of the Human Rights Review Tribunal, how the case progressed to the Tribunal, and other bodies that may be relevant to the process. 2.Analyse the role of civil and criminal law on health care policy and practice. Demonstrate knowledge of the distinction between civil and criminal law. Examine whether there are potential criminal law implications to the case. 3.Critique cases or legislation related to consumer's rights based on scholarly research. Discuss how the law (not the persons conduct) relevant to the case could be improved for consumers, citing research. 4.Examine the implications of case law and legislation for your current or future health care practice. State what your occupation is. Answers: 1.The main significance of rules and norms is that it ensures the smooth and correct processes of function and operation of the health care sector. The particular sector is a large sphere which involves various departments and units, a large number of health professionals and care workers work in the health care sector(Exter,2008). The chief objective of the health care professionals is to give proper treatment and care service to the health users. The importance of the legal processes and institutions refers to the fact that there are certain rules and regulations which the health providers need to consider and follow. Different countries possess their respective set of norms, ensuring the legal and ethical mode of practices in the healthcare sector (Skegg,et al,2015) Regarding the point, it should be stated that one such statutory entity is the Human Rights Review Tribunal present in the country of New Zealand. The entity is acknowledged as an important body that possess the right and is responsible for dealing with human rights. The agency connected with the justice sector of the country and has gathered considerable amount of reputation in the domestic sphere. The tribunal possesses the ability to give decisions and grant remedies and substantiate cases as per requirement. The entity solves issues related to human rights and possess the mechanism for adjudication. The entity is responsible for handling legal issues which is related with the Privacy Act of 1993, Health and Disability Commissioner Act of 1994 and Human Rights Act of 1993. Considering the case scenario, client A can file a complaint with the health and disability commissioner. It can be understood that the client has filed the complaint against the fact that her husband (client B) has formed a social, personal relationship with the psychologist and the clients claim is valid (Kloss, 2013). The Harmful Digital Communications Act 2015 is one of the essential acts. This act is helpful to stop bullying and negative communication which occurs on the wired platform. Taking into view the content of the Act, it states it is illegal and unethical to mitigate, deter and prevent harmful digital communications. It allows the individuals to resolve their conflicts and issues which occurs online. Digital communication refers to any type of communication which is conducted digitally (or through electronic devices). The communication can be done with the help of photograph, sending text, audio message, recording and so on. The Act states that an individual need to maintain certain principles while communicating with another individual. Considering the Act, a health professional cannot send threatening, menacing or intimidating content to the client. The sender cannot harass the client on using the personal information of the patient as a valid reason for making any statement. However, in the case scenario, it has been observed that the accused psychologist had sent a personal email to the client A. It can be stated that the psychologist was guilty (Basevi et al. 2014). Another fact which should be mentioned in this regard, instead of communicating directly with the patient, the health provider gave an email to the client A, stating that the latters trust issue is the real reason for the breakout of the marriage between the couple. Assessing the information, the health provider should not have taken the action. The Act of Netsafe-HDCA of 1994 suggests that digital content which has the potential to cause distress and emotional breakdown to the victim or the person receiving the content, the sender would be accused of committing crime as per the effect. Considering the point it can be said that the psychologist has committed a digital crime as she gave an email which caused emotional distress to the client A. Making a personal attack to the client A regarding the psychological weakness is not right. Taking the case into account, it should be stated that the health provider, has breached several rules mentioned in the Code of Rights. Clause 1 states that it is the responsibility of the health provider to promote health awareness to the potential consumer (Freckelton Petersen,2016). It was true that the mentioned health provider was providing client A and B with required consultation. Concerning the fact, the psychologist was consulting the two health users as a couple, but the psychologist p erformed a relationship with the client B without the knowledge pf the client A, hints of discrimination and partiality could be observed, proving the guilt of the psychologist. Client As dignity was violated with the content of the email sent by the psychologist. Assessing the entire scenario, it could be easily stated that the psychologist had violated the term of right 4. Right 4 upholds the fact that the consumer posses the right to get standard service from the service provider but client A was deprived of the right. The psychologist did not give necessary information to the client A and along with this, the health provider behaved rudely with the client A in the digital platform. The Netsafe can resolve the problem by conducting necessary investigation about the entire incident. The Agency need to investigate the complaints and attempt should be made to persuasion, mediation and negotiation (Be?langer,2011). It can be said that a certain miscommunication had occurred between the health provider and health user. 2.Just like any other sector, the healthcare sector has its laws and policies that guide the operation of healthcare practitioners. The criminal law refers to a body of law relating to crime and inhibits conduct that is harmful, threatening or has the possibility of affecting property as well as the welfare, health, and safety of people. Civil law, on the other hand, is a body of laws that regulate any disputes arising between private parties including organizations individuals and groups. The main difference between civil and criminal law has to do with how each case is initiated and decided, as well as the types of penalties and punishments that can be imposed. They also differ about standards of proof that require being met for the case to be decided as well as the legal protections available to the accused. While cases are initiated by private parties in Civil law, the government initiates cases in criminal law. While the punishment in criminal cases is mostly imprisonment, in ci vil cases the punishment is mostly monetary awards. In criminal cases, the burden of proving the defendants guilt lies with the prosecution, and they must do this beyond any reasonable doubt. In contrary, with civil cases, the burden of proof lies with the plaintiff through presenting sufficient evidence (Exter, 2008).The Civil and criminal law in health care play the role of protecting patients from being harmed within healthcare institutions by healthcare practitioners. Digital Communications Act of 2015 is one of the laws governing against harming of individuals within the healthcare context. It prohibits disclosure of personal information through digital media, menacing, threatening or intimidating digital communication, Indecent or obscene digital communication, making false allegations against individuals through the use of digital media among other regulations (Cohen,2016). As per the Digital Communications Act 2015 and the given case scenario, it can be said that the psychologist did commit a digital crime through her email that was intimidating and threatening to Client A. She scares her that there was no hope for her marriage which can be viewed as an intimidating remark. By clearly stating to Client A why the husband did not want her through the email she violated the privacy rights of client B since she was required to keep these matters confidential as a professional psychologist (Henry and Powell, 2015). The psychologist used information acquired in a professional setting and which was supposed to be kept private and confidential to threat, intimidate and cause psychological harm to client The action of the psychologist can, therefore, be considered as a criminal action because its main intent was hurting Client A by squashing her hopes for a lasting marriage with her husband. This can, therefore, be classified as having implications for both civil and criminal law. The Psychologist fails to maintain the privacy of her client and uses confidential information to threaten and cause psychological harm to her client which is against the professional code of conduct. 3.A consumer is an individual who purchases Products or services for personal use from a seller or a provider. Consumers are classified into four main classes including loyal consumers, Need-based consumers, impulsive consumers, and discount consumers. Consumer rights refer to the body of laws detailing the things that must be done by producers of goods or providers of services to safeguard the consumers against any harm. Legal disputes have been the main origin for these laws (Keenan Thomson Reuters, 2010). These rights are embedded in consumer protection laws which are governmental regulations intended to protect the consumer rights. The basic consumer rights protected by these laws are right to safety which protects against bodily harm resulting from the use of a good or service, right to information which emphasizes the need of consumers to be provided with the right information for the purpose of informed decision making, right to be heard which protects the right of a consumer to complain about given products and services and have their complaints heard, and attended to, right to choose which emphasize on availability of variety option of goods and services for consumers to choose and right to quality goods and services which regulates against provision of substandard goods and services to consumers. The main reasons for consumer rights are the protection of consumers against unethical practices from service providers and producers of goods, protection against the poor quality of goods and services and ensuring that consumer justice is done (Kazmier, 2009). In New Zealand for example, the Government has put forth Fair trading Act 1987 and Consumer Guarantee Act 1993 to protect the rights of consumers against infringement. Fair trading Act focuses on the way foods and services are presented to the consumer. It prohibits against misleading information about goods and services from businesses to consumers either through promotions or verbally from the providers and produces. Consumer Guarantees Act, on the other hand, applies to goods and services bought for personal use (Cohen, 2016). The main provisions of Consumer Guarantees Act about service providers are that services provided to consumers must be a reasonable price, be carried out with reasonable skill and care and within a reasonable timeframe. It also provides that the service must be fit for the intended purpose. Regarding Consumer products act provides that, goods offered to consumers bust be of acceptable quality, be fit for the intended purpose, match the description shown to t he consumer, be at reasonable prices, be legally recognized, be delivered on time and in the desirable condition (Bennett,2008).These laws work towards ensuring that consumer rights are upheld at all times by prohibiting infringement (Crowe, O'malley Gordon, 2011). The health and disability commission Act of 1996 recommends the provision for both health care users and health care providers. The act establishes duties and responsibilities that health care providers are supposed to comply with and an obligation of promoting awareness to consumers so that they can be able to exercise their rights. The focus of this Act can, therefore, be viewed concerning promoting compliance on the part of healthcare providers and creating awareness on the part of healthcare consumers (Ghodse,2011). These laws should be improved to cover risks associated with online buying which is increasingly becoming common. Of focus should be internet transactions facilitated by free apps. The acts should have new provisions that make it possible for consumers to understand online buying terms and conditions for the purchase of digital content among other goods 4.Taking into account the context of the second case scenario, it should be mentioned that there are certain laws and norms related to harmful digital communication which should have proper consideration. I need to state that as a psychologist it is necessary to complete the course of post-graduation. Following the completion of the course, I should conduct the process of official registration for my future profession as a psychologist. This is essential to get my professional acknowledgment in the health care sector (Skegg, et al,2015).I think it is important to follow the rules and regulations related to the sphere of health and social care. I am aware that I possess the duty and responsibility to provide necessary treatment and care to the patients and health users who come for my aid. I should be careful and cautious to keep the information of my patients as confidential. This kind of information should not be shared with the other health professionals and health workers unless a nd until situation demands concerning the betterment of the patient. As a psychologist, it is my duty to listen to the reasons and problems which affects the patient. I should try my best to cure and improve the overall health and mental condition of the patient (White, McDonald Willmott,2014). Being a psychologist, it would be my responsibility and duty to create a relationship of confidante so that the patient feels comfortable to share and express the cause of distress and psychological problems. I would take the effort for the purpose. However, in case of giving counsel to couples, I would respect the relationship and would not form personal relationship with either of the clients. Considering the case scenario, it has been observed that the psychologist develops a relationship outside the professional sphere. A certain level of personal relationship has been formed with the client B (the man). As its result the client A (the woman) has accused the psychologist of ruining the m arriage of the couple (Keenan, Clery Thomson Reuters,2010). The suspicion of the client A can be considered valid as the psychologist have gone out with the client B. Considering the information I think it is ethical to have any kind of personal relationship with the patient. Hence, I would refrain myself from having any type of personal relationship with the client. Care should be taken not to build attachment with the patient. I think it is important to inform the couples about each other. This is very much necessary to better the relationship of the couples. Another point which needs to mentioning is that digital communication should be used with care. It is not ethical for a registered psychologist to send anything unprofessional, irrelevant matter to someone who is my client (Gostin Milbank Memorial Fund, 2010). I should not harass, give offensive and conflicting statements to any individual, especially the individual who is supposed to be my client. Personal information shou ld not be made public. From the content perceived in the case study, I should state that it is unethical for the psychologist to breach the act of confidentiality and digital communication (McCaughey,2010) Reference List Basevi, R., Reid, D. and Godbold, R., 2014. Ethical guidelines and the use of social media and text messaging in health care: a review of literature.New Zealand J Physiotherapy,42(2), pp.68-80. Be?langer, M. (2011). Global health law: An introduction. Cambridge: Cambridge scientific Publishers. Bennett, B. (2008). Health law's kaleidoscope: Health law rights in a global age. Aldershot, England: Ashgate. Cohen, I. G. (2016). The oxford handbook of u.s. health law. Oxford University Press. Crowe, M., O'malley, J., Gordon, S. (2011). Meeting the needs of consumers in the community: a working partnership in mental health in New Zealand. Journal of Advanced Nursing, 35(1), 88-96. Exter, A. . (2008). International health law: Solidarity and justice in health care. Antwerpen: Maklu. Freckelton, I. R., Petersen, K. A. (2016). Disputes and dilemmas in health law. Annandale, N.S.W: Federation Press. Ghodse, H. (2011). International perspectives on mental health. London: RCPsych Publ. Gostin, L. O., Milbank Memorial Fund. (2010). Public health law and ethics: A reader. Berkeley, Calif: University of California Press. Henry, N. and Powell, A., 2015. Beyond the sext: Technology-facilitated sexual violence and harassment against adult women.Australian New Zealand Journal of Criminology,48(1), pp.104-118. Kazmier, J. (2009). Introduction to health care law. Clifton Park, NY: Delmar Cengage Learning. In Cohen, I. G., In Lynch, H. F., In Robertson, C. T. (2016). Nudging health: Health law and behavioral economics. Baltimore : Johns Hopkins University Press In Exter, A. . (2015). International health law and ethics: Basic documents. Apeldoorn, the Netherlands : Maklu, Keenan, R., Clery, L., Thomson Reuters. (2010). Health care and the law. Wellington [N.Z.: Brookers. Kloss, D. (2013). Occupational Health Law. New York, NY: John Wiley Sons McCaughey, B. (2010). Obama Health Law: What it Says and How to Overturn It. New York: Encounter Books. Skegg, P. D. G., Paterson, R., Manning, J., Dawson, J., Peart, N. S., Delany, L., McDowell, M. (2015). Health law in New Zealand.Wellington:Thomson Reuters White, B., McDonald, F. J., Willmott, L. (2014). Health law in Australia.Pyrmont,NSW:Thomson Reuters(Professional) Australia