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 something Commission: 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