Legal Considerations

Sports Med 2

Liability

•State of being legally responsible for the harm one causes another person

•Coach or A.T. will act according to the standard of care, compared to another with similar educational background and training.▫Key word, reasonable care

Risk Management

•Prevent losses of all kinds ▫Financial, physical, property, activity time.▫Real world observations▫Controlled experiments

Reducing the Risk!•Preparation for the activity•Conduct of the activity•Injury Management•Records Management

Malpractice

•The dreaded threat.

•“conduct associated with adverse outcome of patient.”

Medical Malpractice & Health Care Video

•http://video.msn.com/video.aspx?mkt=en-us&vid=a47d175d-24cf-49ba-bfbb-5edbaef0d41b

Tort

•Civil vs criminal

•“a legal wrong”

Negligence

•A.T. fails to act as a reasonably prudent A.T would act under the circumstance.

•Omission: ▫Failure to do

somethingCommission: A.T.

does something they should not have.

5 things must be proved in order to be found Negligent •Conduct by the athletic trainer•Existence of duty•Breach of duty•Causation•Damage

1. Conduct

•Prove that the A.T. actually did something that links them to the case.

2. Duty

•A.T has a duty to protect the athletes.•Provide reasonable medical assistance for

injured patients•Maintain the confidentiality•Provide adequate and proper supervision

and instruction•Provide safe facilities and equipment

3. Breach of Duty

•Evidence that the A.T really did do something wrong against their athlete/patient.

4. Causation

•Prove that the breach of duty was in fact the legal cause of the injury.▫Or made the injury worse

5. Damage

•Prove if the athlete of client suffered damages.

How to Protect Yourself

•Assumption of Risk•Build healthy relationships•Written contracts•Document!!•Confidentiality •Establish policies

Potential Hazards

•Failure to provide competent personnel•Failure to provide instruction•Failure to provide proper equipment•Failure to warn•Failure to supervise•Improper treatment