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Lesson 2: Legal Liability. Legal Concerns. Negligence suits involving coaches, athletic trainers, school officials and physicians have increased in frequency and amount of damages awarded Liability __________________________________________________________
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Legal Concerns • Negligence suits involving coaches, athletic trainers, school officials and physicians have increased in frequency and amount of damages awarded • Liability • __________________________________________________________ • Must be certain you are aware of all rules and regulations relative to healthcare in a given state
Standard of Reasonable Care Negligence: the failure to use ordinary or reasonable care. Standards of reasonable care assumes that a person is of ordinary and reasonable prudence bring commonsense approach to the situation must operate within the appropriate limitations of ones educational background
Torts Legal wrongs committed against a person (liability results) May originate from Nonfeasance Malfeasance Misfeasance See P. 48 for definitions
May be Guilty of Negligence IF Care giver does something a reasonably prudent individual would not. Care giver fails to do something a reasonably prudent individual would not. Causes Harm Athletic trainer has a duty to provide coverage to athletes (obligation)
Proving Negligence Four necessary proofs (must prove all 4) • ____________________ • ____________________________ • _____________________ • _____________________ • ______________________________
Good Samaritan Law • Provides limited protection against legal liability to one that provides care should something go wrong • Assumes the individual would provide reasonable care consistent with their level of training
Documentation • Important defense against litigation • Includes: • ______________________________ • Medical data forms • ______________________________ • ______________________________
Documentation Hints • _______________________________ • Always write in ink • _______________________________ • _______________________________
Statutes of Limitation Definition Varies by state but generally ranges from 1-3 years Clock begins at the time the negligent act results in suit or from the time injury is discovered following negligent act Minors generally have an extension
Assumption of Risk ________________________________________________________________________________________________________ Expressed in written waiver or implied from conduct of athlete once participation begins Can be used as defense against an athlete’s negligence suit
Does not excuse individuals (coaches, ATC) _________________________________________________________________________________________________________ • Many and varied interpretations (particularly with minors) • Often a waiver will stand in court except in incidents of fraud, misrepresentation or duress
Hiring a Certified Athletic Trainer in Secondary Schools • Problems occurring later from improperly managed injuries could be avoided with proper management from an athletic trainer • According to the NATA • “…all secondary schools should provide the services of a full-time, on-site, certified athletic trainer (ATC) to student athletes.” • American Academy of Pediatrics (1998) adopted a policy recommending employment of ATC’s in the high school setting