Chapter 3: Legal Liability and Insurance. Legal Concerns of the Coach and Athletic Trainer. Negligence suits involving coaches, athletic trainers, school officials and physicians have increased in frequency and amount of damages awarded Liability
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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 one’s educational background
Care giver does something a reasonably prudent individual would not.
Care giver fails to do something a reasonably prudent individual would not.
Athletic trainer has a duty to provide coverage to athletes (obligation)
Legal wrongs committed against a person (liability results)
May emanate from
Nonfeasance (fail to perform legal duty, i.e. fail to refer)
Malfeasance (performs action that is not his/hers to legally perform, i.e. perform advanced treatment leading to complications)
Specific length of time an individual can sue for injury resulting from negligence.
Varies by state but generally ranges from one to three 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
Athlete is made aware of inherent risks involved in sport and voluntarily decides to continue participating
Expressed in written waiver or implied from conduct of athlete once participation begins
Can be used as defense against an athlete’s negligence suit