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Posted By chrissie Could anyone help me.
We are providing physiotherapy to a one of our service users at a clinic.
The service user has a carer who is self employed and has been recruited by the service users grandmother.
Our physio has expressed concern over the fact that the carer chooses to lift the service user rather than use the hoist available at the clinic.
When questioned by our physio the carer said she finds it easier to lift the service user rather than use the hoist. The service user weighs approx 6-7 stones.
Do we have an obligation as the employers of the physios (as they have picked up on an issue) to insist that the carer uses the hoist?
We do not own the clinic - we just use the facilities.
Any help on this would be much appreciated.
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Posted By DJ I do not believe that you have a duty (or indeed the authority) to insist that the patient is lifted mechanically. You do have a legal obligation to warn the relevant people of the risks which (as a result of your expert knowledge) you are aware of. I can't remember the exact name of the case that set this presedent, but I believe it was Arum Investments.
Regards.
DJ
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Posted By Scotty I agree with the last posting in that you cannot instruct the carer directly to do so, but should be pointing out, through using your expertise and knowledge, what is pretty poor practice and how to improve it.
The risks she is taking both in terms of the service user and herself, I would reckon are close to being unacceptable and you do have a duty of care to the service user.
What happens if she slips or trips whilst transferring?
If she drops the service user?
If the service user (for example) had a seizure while being transferred?
That the service user is 6 to 7 stones is not acceptable either in terms of the weight being lifted by the carer? Can the service user assist in any way during the transfer?
I would suggest that if you have already pointed out all of these areas (and more!) to the carer, and there has been no movement from her to use the hoist, I would suggest speaking to the grandmother, as her employer and she would have the final say.
Hopefully it'll get resolved easily. Good luck!
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Posted By Raymond Rapp I tend to agree with the previous post. If the person was an employee, then you would have some control of the situation. However, if a person wishes to ignore prudent advice - so be it. If there was a subsequent injury and claim, then I believe the person would have a no argument and therefore no case.
Ray
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Posted By Tabs No duty if care exists between you and the carer, as no contract or other relationship exists. However, I think there is a duty of care to the service user (not the grandmother) in this situation. So, as long as the service user is of an age and competency to understand the implications, the physio should perhaps mention the issues to them. Or their guardian if not. I would suggest that the duty is tenuous, but a judge would probably expect a professional person to highlight such a concern, in so far as it affects their client. In my thoughts, it's akin to 'guilty knowledge'.
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Posted By chrissie Thank you so much for the responses
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Posted By Colin Reeves I agree with the above answers but would, with a cynical hat on, suggest that you record the fact that you have advised the carer that a hoist is available and that, in your professional opinion, is the best method.
Then if, God forbid, the service user is injured and it goes to court, you are not left in an invidious position of saying "yes I said so" and the carer saying "no, you didn't".
Too cynical for a Friday, sorry!
Colin
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Posted By Scotty Colin,
Cynical? Nah, don't worry about it - you're not being.
Documenting these issues and what action you took/advice you gave is good practice, esp. as some of them do go down the litigation route or indeed if any regulators, such as CSCI, become interested........
CYA (covering one's posterior)
Cheers ;-)
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Posted By Son of SkyWalker You could also have the provision of a feloow employee witnessing the advice and the documented signing of the advice. belts and braces work everytime.
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