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Chapter 4. Ethical and Legal Considerations. Concepts for Understanding Ethical and Legal Considerations. Liability Assumption of risk Risk management Negligence. Ethical and Legal Concepts. Standard of care Malfeasance Misfeasance Nonfeasance. Ethical and Legal Concepts.

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Chapter 4

Chapter 4

Ethical and Legal Considerations

Concepts for understanding ethical and legal considerations
Concepts for Understanding Ethical and Legal Considerations

  • Liability

  • Assumption of risk

  • Risk management

  • Negligence

Ethical and legal concepts
Ethical and Legal Concepts

  • Standard of care

  • Malfeasance

  • Misfeasance

  • Nonfeasance

Ethical and legal concepts1
Ethical and Legal Concepts

  • Gross negligence

  • Malpractice

  • Ethics

  • Tort

  • Litigation

Ethical and legal concepts2
Ethical and Legal Concepts

  • Battery

  • Code of Ethics

School district athletic philosophy and regulations
School District AthleticPhilosophy and Regulations

  • Code of Ethics

  • Athletic regulations

  • Training rules and standards scholastic eligibility

  • Citizenship

School district athletic philosophy and regulations1
School District Athletic Philosophy and Regulations

  • Team try-outs

  • Dismissal from a team

  • Quitting the team

  • Travel regulations

  • Outside competition

  • Participation in other school activities

Liability insurance
Liability Insurance

  • Most employers carry liability insurance on employees who are working for them

  • When an athletic trainer works outside of the job

    • Trainer should carry additional liability insurance in case of a lawsuit

Reducing the potential for litigation
Reducing the Potential for Litigation

  • Inadequate supervision of the athlete or client

  • Inadequate training of the athlete or client

  • Improper or inadequate medical treatment by one or more members of the sports medicine team

Reducing the potential for litigation1
Reducing the Potential for Litigation

  • Faulty equipment or facilities

  • Sexual harassment, discrimination, or other inappropriate behavior by one or more members of the sports staff

Protect oneself from litigation
Protect Oneself from Litigation

  • Do not allow a client or athlete to begin any program without obtaining a signed informed consent and liability release

  • Agree upon fees and put them in writing before the start of services

Protect oneself from litigation1
Protect Oneself from Litigation

  • Make sure adequate facilities are available for both men and women athletes

  • If possible, avoid being alone in a room with an athlete or client to avoid the suggestion of inappropriate behavior

Protect oneself from litigation2
Protect Oneself from Litigation

  • Keep detailed notes about all professional activities and those of the team

  • Develop an emergency action plan for every sport

Protect oneself from litigation3
Protect Oneself from Litigation

  • Become familiar with the products and supplies used

  • Read all dealer’s or manufacturer’s warnings and disclaimers

    • Make sure athletes or clients are aware of them

Protect oneself from litigation4
Protect Oneself from Litigation

  • Consider all sports involved in the athletic program

    • Not just the ones that are conducted on a court or field

  • Follow appropriate procedures on all injury assessments

Protect oneself from litigation5
Protect Oneself from Litigation

  • Assure supervision of all athletes during treatment

    • Whether in the clinic or on the sidelines

    • Make sure staff are aware of any health problems of the athlete

    • Make sure coaches are up-to-date on all training techniques

Protect oneself from litigation6
Protect Oneself from Litigation

  • Conduct pre- and postseason reviews of past years and seasons, learning from both positive and negative events

  • Create a daily approach to safety

Protect oneself from litigation7
Protect Oneself from Litigation

  • Make a daily checklist for key items of concern

  • Know your limitations

  • Be aware of changes in standards of care and any other changes that affect the field of work

Safety committee
Safety Committee

  • Diverse group of individuals

    • To identify potential safety concerns for the athletic program

    • Assure implementation of approved safety measures