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Legal Liability. Standards of Practice & Ethics. Today’s Topics. Standards of practice NATA Code of Ethics Liability Tort law Determining negligence Defenses to negligence & liability Scope of practice (regulatory laws). Video. Standards of Practice.

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Presentation Transcript
Legal liability

Legal Liability

Standards of Practice

&

Ethics


Today s topics
Today’s Topics

  • Standards of practice

  • NATA Code of Ethics

  • Liability

  • Tort law

  • Determining negligence

  • Defenses to negligence & liability

  • Scope of practice (regulatory laws)



Standards of practice
Standards of Practice

  • Criteria of performance measurement

    • Direction of physician

    • Uses preventive care

    • Provides immediate care

    • Evaluates prior to treatment

    • Administers txt, rehabilitation & reconditioning programs

    • Collaborates with MD on discontinuation

    • All services documented


Nata code of ethics standards of conduct integrity
NATA Code of EthicsStandards of conduct & integrity

1. Respect the rights, welfare & dignity of all individuals

2. Comply with laws & regulations governing practice of AT

3. Accept responsibility for the exercise of sound judgment

4. Maintain & promote high standards in provision of services

5. Shall not engage in form of conduct that constitutes a conflict of interest or that adversely reflects on the profession


Liability
Liability

  • Definition

    “…state of being legally responsible for the harm one causes another person..”

    “…to perform an act in a reasonable and prudent manner..”


Liability1
Liability

  • Athletic Trainer

    “duty to prevent further injury/harm to injured party during treatment and rehabilitation”


Liability2
Liability

  • Institution

    “duty to provide reasonable medical assistance to injured participants (or spectators) ASAP under the circumstances”


Tort law
Tort Law

  • Tort:

    “..civil wrong for which the court will award damages..”

    1. Based on the concept of fault

    2. Law prohibits careless actions


Tort law1
Tort Law

  • Intentional torts

    1. Assault

    2. Battery

    3. False imprisonment

    4. Defamation of character

    5. Fraud

    6. Invasion of privacy


Tort law2
Tort Law

  • Unintentional torts Negligence

    1. Malfeasance

    2. Misfeasance

    3. Nonfeasance

    4. Malpractice


Determining negligence
Determining Negligence

  • Does the defendant have a duty to provide care?

  • Was the duty breached?

  • Did injury (harm) result?

  • Did the negligence cause the injury (harm)?


Litigation actions
Litigation Actions

  • Warn of sport risks

  • Treat w/o consent

  • Provide safe facilities

  • Dangerous situations

  • Allowing injured to play

  • Unsafe equipment

  • Immediate referral to MD

  • Moving w/o immobilization

  • Employing unqualified personnel

  • No written emergency plan

  • Recognize injury

  • Keep adequate records


Determining negligence1
Determining Negligence

  • Supervisors can be found guilty of negligence because of actions of employees

    1. Respondent superior or vicarious liability

    2. Actions of employees/ failure to supervise

    3. Outreach positions


Defenses to negligence
Defenses to Negligence

  • Contributory negligence

  • Comparative negligence

  • Assumption of risk

  • Immunity

    1. Sovereign immunity

    2. Charitable immunity


Defenses against liability
Defenses against liability

  • Stay current

  • Ask questions of colleagues & MDs

  • Maintain precise written records

    1. Treatments & rehabilitation

    2. Professional advice

    3. Communications

  • Carry liability insurance


Scope of practice
Scope of Practice

  • National certification vs state regulatory laws

  • Category of regulatory laws

    1. Licensure: protects practice

    2. Certification: met minimum requirements

    3. Registration: protects title

    4. Exemption


Next time
Next time...

  • Diagnostic imaging


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