What is Duty of Care in Aged Care?

Duty of care – what does it imply? Is it different from the standard of care? Here we explore what defines it and what comes under its purview so that you can be assured of the best care possible. At Estia Health we exist to enrich and celebrate life together and our core values of compassion, responsiveness, accountability, respect and collaboration determine our care in everything we do. And when it comes to duty of care, we take this very seriously and go to great lengths to ensure that the rights and needs of residents are always put first.

 

What is duty of care?

Individuals and organisations in care roles are responsible for acting in the best interests of those under their care. Duty of care is a fundamental principle that protects care recipients from harm, especially those receiving services or medical treatment. This duty aims to protect vulnerable people, and any negligence or carelessness can be considered a breach of this duty.

 

Duty of care in aged care

Duty of care is the responsibility of aged care workers to not cause harm to aged care recipients and to uphold their wellbeing and rights. This translates to providing a high standard of care and comfort.

Duty of care extends to everyone working in or engaged in aged care. From caregivers to support staff and family members, everyone is responsible for minimising risks to aged care recipients. It's a balance between ensuring a safe environment for all while upholding residents' right to make choices and live with dignity.

 

Examples of duty of care

At Estia Health, we provide the following services to ensure we’re upholding a strong duty of care, and our residents are well cared for:

Personalised plans

We craft detailed care plans specific to each resident’s needs, including health, medication and daily routines. Caregivers receive copies to ensure they understand your unique preferences.

Experienced staff

We employ experienced staff who are committed to continuous learning to uphold the best care possible. Every team member undergoes thorough checks, including police clearances.

Easy transitions

Nothing slips between the cracks. We inform all staff of any changes to our resident’s care, ensuring a smooth and familiar experience.

24/7 medical support

A Registered Nurse is always available for emergencies, providing peace of mind.

Interesting activities

We offer stimulating activities designed to challenge, inspire and motivate residents to learn, interact and maintain a high quality of life.

You can be sure all staff understand their role and are committed to upholding the highest standards of care.

 

A breach of duty of care

Neglecting to protect a resident from harm or exposing them to unnecessary risk can be a breach of duty of care in aged care. The need to protect residents is something that homes have to balance against the residents’ wishes about how they live and the risks that residents want to take (for example, their choice to drink alcohol or to dance). Such risks afford residents dignity and are known as ‘dignity of risk.’
Under the Aged Care Act 1997 a breach of duty of care is considered ‘neglect,’ and is reportable to the Aged Care Quality and Safety Commission. Aged care neglect happens when residents don't get what they need, such as medical care, food and water, or physical help. Not monitoring resident's health is also considered neglect. 

 

How we uphold duty of care at Estia Health

It is critically important that your loved ones feel safe, secure and respected where they live. And that means providing aged care residences encompassing all aspects of caring, including clinical, social and overall wellbeing. 
Our teams truly understand every individual, understand their needs and support them in their choices. If you feel that your loved one is being mistreated in their aged care residence, then you should report it to My Aged Care immediately. Where a resident or family member raises such concerns with us, we will also notify the Aged Care Quality and Safety Commission ourselves.

Additionally, we would like any resident or their family to let us know at our homes if you feel we’re not fulfilling our duty of care. Our residents' care, is extremely important to us, and we take enormous pride in ensuring that we treat every resident with dignity, respect and compassion.

 

Your rights and entitlements as a resident

The Charter of Aged Care Rights describes the rights of an older person receiving care from an Australian Government-subsidised aged care service. A resident, you can expect to:

1. 1.    receive safe and high-quality care and service;
   2.    be treated with dignity and respect;
   3.    have your identity, culture and diversity valued and supported
   4.    live without abuse or neglect;
   5.    be informed about your care and services in a way you understand;
   6.    access all personal information about rights, care and services;
   7.    have control over and make choices about y our care, personal and social life, including where the choices involve personal risk;
   8.    have control over and make decisions about the personal aspects of your daily life, financial affairs and possessions;
   9.    have independence; 
   10.    be listened to and understood;
   11.    have a person of your choice, including an aged care advocate, support you or speak on your behalf if specified;
   12.    complain, free from reprisal, and have your complaints dealt with fairly and promptly;
   13.    have personal privacy and to have your personal information protected; and
   14.    exercise your rights without it adversely affecting the way you were treated.
2.  
3. These rights apply to all those who receive care, regardless of the type or level of care, respite care, long term care, our homes and dementia care.