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Duty of care in clinical education - Part 1

Journal: International Journal of Osteopathic Medicine Date: 2020/12, 38Pages: 1-10. doi: Subito , type of study: article

Full text    (http://www.sciencedirect.com/science/article/pii/S1746068919301609)

Keywords:

duty of care [2]
civil liability legislation [2]
clinical education [12]
osteopathy [460]
patient-centredness [2]
patient safety [4]
practice-based learning [2]
article [2076]
Australia [151]

Abstract:

Discourse regarding the legal position of osteopathic clinical educators is scarce. The educator-patient-student relationship is complex and if not managed well may compromise patient and student safety. This doctrinal research paper explores how Australian Civil Liability Legislation may be applied during clinical education. The paper constitutes a thought experiment and uses reasoning by analogy, applied to a hypothetical problem scenario, set during an osteopathic student's clinical practice event for the purpose of exploring the educator's duty relationships and to tease-out possible acts or omissions that could potentially be used in an argument designed to establish a clinical educators breach of duty. The deliberations presented here illuminate the complex relationships and highlight situations in which a reasonable person may consider the clinical educator has provided poor supervision of the student's work with patients. This concept paper signposts the potential vulnerability of the patient and the student if supervision standards are not maintained and if appropriate clinical standards are not applied. Possible lines of arguments a patient may raise or a student may raise in a negligence case as well as possible defences the clinical educator may offer are presented.


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