LO1: Demonstrate understanding of legal institutions and processes in health care (500 words). Case study:
Hana was receiving cancer treatment at a clinic run by Te Whatu Ora (TWO). Becks, a TWO Administrator who had attended school with Hana, saw Hana going into the clinic one day. Becks looked up Hana’s records on the hospital system, and sent a screenshot to her sister Clara, who also knew Hana. Clara saw Hanaat aBBQa fewweekslaterand loudly exclaimedhow sorryshe was “about the cancer”. Several people overhead. Hana, who had not told anybody about the cancer treatment, was angry and embarrassed.
Identify the relevant rule(s) in the Health Information Privacy Code that may have been breached by Becks. Link any breaches to Becks’ conduct.
Discuss the role of the Privacy Commissioner and briefly outline the Privacy Act complaint process.
Discuss the specific steps for this this case to progress to the Human Rights Review Tribunal (HRRT) and outline the potential legal outcomes at the HRRT. Be specific.
LO2: Analyse the role of civil and criminal law on health care policy and practice (500 words)
Philip worked as an audiologist at a private practice. His employer was Richard.
After a series of serious mistakes, Philip’s employment was terminated. Philip was very aggrieved about this. He created a letter on fake letterhead.
The letter was on NZ Blood Service letterhead, confirming a positive HIV test after a blood donation and urging Richard to seek immediate support from a sexual health clinic. Philip was aware that Richard regularly donated blood.
Philip sent the letter to Richard’s wife using a fake email address. Both Richard and his wife were extremely upset on receiving the letter. Richard spent hours ascertaining that the letter was fake and became very stressed, lost sleep and had to take several days off work.
Identify the standard and burden of proof for civil and criminal law. Briefly explain why the criminal law standard is higher.
Examine whether there are any potential criminal law implications in this case. Be specific and cite relevant sections of the Harmful Digital Communications Act, if relevant.
LO3: Critique cases or legislation related to consumers’ rights based on scholarly research (500 words).
The End of Life Choice Act 2019 introduced assisted dying to Aotearoa New Zealand. Using research, identify and respond to two criticisms of the Act published 2020 or later.
Be specific and refer to sections of the Act where relevant.
Do not use an introduction or conclusion.
LO4: Examine the implications of case law and legislation for your current or future health care practice (500 words).
In your future practice, you provide services to Lottie, an 87-year old woman.
Lottie seems to be hard of hearing and you are unsure about her capacity to consent to non-emergency treatment. Lottie’s son John asks you to proceed with treatment. He thinks Lottie made him a care and welfare attorney under an enduring power of attorney, but he’s not sure.
Briefly state what your occupation is (standard pathway students choose a relevant health or disability occupation). State whether that is a registered or unregistered occupation.
Discuss whether you can proceed with treatment based on John’s consent. If not, why not?
If you then find that Lottie lacks competence to consent to treatment, what specific steps will you take to ensure that your services can be provided with appropriate legal authority in place?
Be specific and refer to the CHDSCR where relevant.
LO5: Present work at the appropriate academic standard (applies across assessment).
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