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Aspects of Administration and Professional Development Legal and Ethical Considerations
A legal wrong characterized by the failure to act as a reasonably prudent person would at in a similar situation ATCs, coaches, etc. have a duty to provide care to participants under their supervision Negligence
Negligence • In order for an individual to be found liable or negligent, the injured party must prove that: • There was a duty of care owed to them • There was a breach of that duty • There was harm caused to them • The harm caused was a direct result of the breach of duty
Occurs when an individual has total disregard for the safety of others One step beyond negligence Example: Administering First Aid Gross Negligence
Negligence vs Gross Negligence • Gross negligence is a conscious and voluntary disregard of the need to use reasonable care, which is likely to cause foreseeable grave injury or harm to persons • Negligence is a mere failure to exercise reasonable care
Which is it? • A trainer forgets to tighten an athletes ankle wrap, causing him to break his ankle • A trainer wraps an ankle using old tape that she knows is old and worn. The athlete breaks his ankle because of the lack of support. • A trainer finishes wrapping an athletes knee and forgets to put the tape away. An athlete runs down the court and slips on the roll of tape causing a broken tibia.
Proximal Cause • Described as a close connection between the way an ATC acted and the resulting injury to an athlete • ATC action Linked to further injury
Avoiding Legal Problems • Having a written contract • Use equipment that meets established safety standards (NOSCAE) • National Operating Committee on Standards for Athletic Equipment • Name as many sports as you can that use protective athletic equipment • For each sport name as many pieces of safety equipment as possible • **ANY PROTECTIVE EQUIPMENT, NOT JUST EQUIPMENT THAT THE ATHLETE WEARS**
Football Helmet Pads Mouth Guard Pads Supporters/cup Protective Athletic Equipment
Protective Athletic Equipment • Fasten your chin strap!
Protective Athletic Equipment • Hockey • Helmet • Pads • Mouth Guard • Pads • Supporters/Cup • Throat Protectors
Soccer Shin Guards Volleyball Pads for the poles Baseball/Softball Helmet Wrestling Protective head gear Protective Athletic Equipment
Protective athletic equipment • ALWAYS WEAR YOUR CUP!!!!!
Avoiding Legal Problems, cont • Require pre-participation physical examinations • Having all athletes and their parents/guardians sing an ARF • Maintain CPR/First Aid Certification • Crisis Plan • Documentation • Maintain Confidentiality • Build Trust • Check for Hazards • Stay Educated
What would you do….. • Before a soccer game, you and the head coach are walking onto the field. The coach sees a hole in the ground and also a couple of rocks around one of the corner kick areas. You tell him that he needs to pick up the rocks and fill the hole before the game. He tells you that he doesn’t have time for that and the players will be okay. What would you do? • Think about it for a minute then get with a partner and share your answer
Preventing Athletic Injuries • Educating the athlete • Proper technique of sport/dangers • Football helmet • Rule Enforcement • 1976-Spearing • What other rules have been enforced since the start of each sport to prevent injuries? • Name as many sports as you can and as many rules that you can
Preventing Athletic Injuries, cont • Proper Matching • Weight, age, skill level • Physical Fitness • Physically Fit-decrease injury • Conditioned
Documentation • PPEs • http://www.cobbk12.org/centraloffice/athletics/2008-09PhysicalForm.pdf • Medical Info Forms • Insurance Issues/How it Works • Important because when an individual is injured medical costs can be substantial, and the medical insurance will offset the cost of medical care
Accident/Injury Reports 10-6 Treatment Logs 10-7 Rehabilitation Charts 23-12 Reports and Charts
Malpractice • Improper or negligent treatment of a patient resulting in injury, damage, or loss • Example: • Failure to diagnose, or misdiagnosis of a disease or medical condition • Failure to provide appropriate treatment for a medical condition • Unreasonable delay in treating a diagnosed medical condition
What Would You Do… • While in the training room, you notice that several athletes from the basketball team fail to write their names on the treatment log. How would you handle this scenario? • Think about it for a minute, then get with a partner and discuss your answers.
Tort Law • Tort is a civil wrong done to an individual whereby the injured party seeks a remedy for damages suffered • Covers individuals or groups who have been injured as a result of another party's negligence or wrongdoing. • Act of omission • failure to act • Failure to provide water at practice on an extremely hot day • Act of commision • An action that is performed illegally • Relocating a dislocated shoulder without a medical license.
Good Samaritan Act • Crafted in 1960’s to encourage bystanders to assist others in need of emergency care by granting them immunity from potential litigation • Immunity typically applied when individual • Acts during an emergency • Acts in good faith to help the victim • Acts without expected compensation • Is not guilty of any cruel misconduct or gross negligence toward the injured party
Confidentiality • Individuals have a right to privacy • Release of medical information must be acknowledged in writing by individual (parent if minor) before it’s shared • Often have generic form in colleges and professional sports allowing exchange of information between ATCs and MDs • Coaches and parents of non-minors have no right to information unless authorized by individual • HIPPA
Patients Bill of Rights • a statement of the rights to which patients are entitled as recipients of medical care. • articulates the positive rights which medical professionals ought to provide patients • provides information, offering fair treatment, and granting them autonomy over medical decisions.
Patient Bill of Rights • Information Disclosure • Choice of Providers and Plans • Access to Emergency Services • Participation in Treatment Decisions • Respect and Nondiscrimination • Confidentiality of Health Information • Complaints and Appeals • Consumer Responsibilities
NATA Code of Ethics • Standards of Professional Practice (1-5) • Members shall respect the rights, welfare and dignity of all individuals • Members shall comply with the laws and regulations governing the practice of athletic training • Members shall accept responsibility for the exercise of sound judgment • Members shall maintain and promote high standards in the provision of services • Members shall not engage in any form of conduct that constitutes a conflict of interest or that adversely reflects on the profession
BOC Standards of Practice • “The Professional Practice and Disciplinary Process of the BOC are intended to assist and inform the public, certificants, and candidates for certification, of the BOC Standards of Professional Practice and the Disciplinary Process relative to professional conduct and disciplinary procedures. “ from www.bocatc.org (8/05)
Professional Development • Staying Educated • CEUs • Communication • Athletes, Parents, doctors, coaches, administration • Leadership • Integrity, Vision, Inspiration, Competence
PREMIER Model • P-Promote a professional image • R-Remember your vision • E-Engage in learning • M-Maximize your strengths • I-Innovate and create • E-Enlist the help of others • R-Reflect
“C” your way to Success • Four Cs • Conscientiousness • Be conscientious about the “little things” • Competency • Being good at what you do and continually learning • Courtesy • Team Player • Courage • Take on challenges
Ticket out the Door • 3-2-1 • List THREE things you have learned. • List TWO questions you have. • List ONE interesting point from today’s lesson.