Legal Terms Legal Terms andand IssuesIssues

in Athleticsin Athletics"Sports Medicine." Sports Medicine. Joint School District No. 2; Boise, Eagle, Meridian, Star, n.d. Web. 20 Jan. 2014.

LIABILITYLIABILITY

Is the state of BEING LEGALLY RESPONSIBLE BEING LEGALLY RESPONSIBLE FOR THE HARM ONE CAUSES ANOTHER FOR THE HARM ONE CAUSES ANOTHER PERSONPERSON.

Must act according to the standards of a reasonable prudent person with comparable education, skills and training◦The Athletic Trainer◦The Coach◦The Student Athletic Trainer

"REASONABLE CARE“ "COMMON SENSE"

NEGLIGENCENEGLIGENCE

The FAILURE to use ordinary or reasonable care

Standards set by Implicit expectations (treat with respect)

Policy and procedure manualsNATA Role delineation / Educational Competencies

Position statements (ACOSM, NCAA, NATA)

Due Care

◦Common Sense Care◦Reasonable care an ordinary person with comparable education would use

TORTTORT

Legal Wrong committed against the person or property of another

Two Basic Type of Tort Claims◦Acts of Omission◦Acts of Commission

ACT OF ACT OF OMISSIONOMISSION

The Athletic Trainer FAILS to PERFORM a FAILS to PERFORM a Legal DutyLegal Duty

◦Don’t DO something YOU Don’t DO something YOU SHOULD DOSHOULD DO

ExamplesExamples

An Athletic Trainer fails to refer a seriously injured athlete for the proper medical attention

An Athletic Trainer fails to know the medical history of an athlete which results in a medical emergency◦ i.e.i.e. Medical allergies, food allergies, Medical allergies, food allergies,

drug allergies, medical conditionsdrug allergies, medical conditions

ACT OF ACT OF COMMISSIONCOMMISSIONThe Athletic Trainer COMMITS an act that

is not LEGALLY his/hers to perform

◦Do something you aren’t Do something you aren’t trained to dotrained to do

ExamplesExamples

An Athletic Trainer performs a medical treatment not within his or her legal province and serious medical complications develop

An Athletic Trainer administers prescription medication to an athlete without direct instructions from a physician

Five Basic Elements of Tort Five Basic Elements of Tort AllegationsAllegationsCourts will look for five basic elements in any tort allegation

1) Existence of Duty1) Existence of Duty

What is our “duty”?- job descriptions- NATA competencies

Abandonment- once services are provided,

patient must agree / voluntarily terminate relationship

- substituting practitioner could be charged

2)2) STANDARD OF CARESTANDARD OF CARE

Did you act REASONABLE when Did you act REASONABLE when carrying out your everyday carrying out your everyday activities?activities?

3)3) BREACH OF DUTYBREACH OF DUTY

Did you FAIL to exercise reasonable Did you FAIL to exercise reasonable care?care?

Did you violate a law?Did you violate a law?Did you operate under standard of Did you operate under standard of

care?care?

- Herbert, D.L., (1992). The sports medicine standards book. Canton OH.

4)4) PROXIMATE CAUSE OF A PROXIMATE CAUSE OF A RESULTING INJURYRESULTING INJURY

Did YOUR breach of duty Did YOUR breach of duty substantially contribute to the substantially contribute to the injury?injury?

Did you FAIL to FORSEE the injury Did you FAIL to FORSEE the injury with a particular action?with a particular action?

5)5) THERE MUST BE INJURYTHERE MUST BE INJURYDamagesDamagesThe Sports Medicine professional has a The Sports Medicine professional has a

DUTY to ADHERE to the Recognized DUTY to ADHERE to the Recognized Standard of Care of the ProfessionStandard of Care of the Profession

Harm has to be provenHarm has to be provenPhysical damagePhysical damageEmotional DistressEmotional DistressLoss of…Loss of…

Examples of TortsExamples of Torts

An athletic trainer through improper or careless handling of a therapeutic agent, seriously burns an athlete

An Athletic Trainer moves a possibly seriously injured athlete from the field of play to permit competition or practice to continue and does so either in an improper manner or before consulting those qualified to know the proper course of action and injures the athlete.

Tort ClaimsTort Claims

The Tort Concept of Negligence is held by the courts, when it is proven that an individual:

DOES something that a reasonably prudent person would NOT DO

FAILS to do something that a reasonably prudent person would do under circumstances similar to those shown by the evidence

ASSUMPTION OF RISKASSUMPTION OF RISK

The Courts Generally Acknowledge that Hazards ARE PRESENT in sports through

the Concept of "Assumption of "Assumption of Risk."Risk."

The individual, either by expressed or implied agreement, assumes the danger and hence relieves the other individual of legal responsibility to protect him or her.◦The Athlete agrees there are The Athlete agrees there are risksrisks

This in no way exempts those in charge from exercising reasonable care and prudence in the conduct of activities or from foreseeing and taking precautionary measures

Athletes Athletes MUSTMUST::

Know the RisksKnow the RisksUnderstand the Understand the RisksRisks

Appreciate the RisksAppreciate the Risks

NEWSFLASH!!!NEWSFLASH!!!

Minors CAN NOT Minors CAN NOT Waive Their RightsWaive Their Rights

Not able to make a Not able to make a mature judgmentmature judgment

WARNING OF RISKSWARNING OF RISKS

At the Beginning of each season Athletes must be sufficiently warned of the Possible Risks Inherent with that sport.

Explain the Rules and the Dangers they may face when using improper and dangerous techniques

FORESEEABILITY OF FORESEEABILITY OF RISKRISK

ATHLETES HEALTH AND WELFARE ATHLETES HEALTH AND WELFARE #1 PRIORITY#1 PRIORITY

Regular Checks of Facilities◦HAZARDOUS CONDITIONS

Accurate Records of Injuries and Treatments

Brain BreakBrain Break

http://www.youtube.com/watch?v=4XbrUHMDTg0

LIABILITY OF LIABILITY OF THE ATHLETIC THE ATHLETIC

TRAINERTRAINER

As a Result of National Certification and State Licensure, the Risk of Liability for Negligence of Athletic Trainers has also Increased.

There are NOW Higher Standards of Care to which Athletic Trainers must Adhere to.

The Standards form a Legal Duty, the breach of which constitutes Negligence

Web Activity Web Activity

Google “lawsuits against athletic trainers” and give a two-three sentence description of one of the cases you find.

REAL SPORTS REAL SPORTS MEDICINE MEDICINE

COURT CASESCOURT CASES

A STUDENT ATHLETIC TRAINER FOR A COLLEGE BASKETBALL TEAM INFORMED THE TEAM'S TREATING PHYSICIAN THAT HE HAD BEEN "ICING" THE SPRAINED ANKLE OF A BASKETBALL PLAYER.

THE PHYSICIAN ASSUMED THAT "ICING" MEANT APPLYING ICE PACKS. INSTEAD, THE TRAINER HAD USED ICE WATER IMMERSION TREATMENT FOR THE ANKLE.

THE ATHLETE SLEPT OVERNIGHT WITH THE ANKLE SUBMERGED IN A BUCKET OF ICE WATER AND CONTINUED TO IMMERSE THE FOOT FOR SEVERAL DAYS.

AFTER DISCOVERING THAT THE BASKETBALL PLAYER WAS STILL USING ICE WATER IMMERSION THREE DAYS LATER, THE TRAINER IMMEDIATELY CALLED THE PHYSICIAN, WHO INSTRUCTED THE TRAINER TO STOP THE ICE WATER TREATMENT.

SIX DAYS AFTER THE INJURY, THE ATHLETE VISITED THE PHYSICIAN AGAIN AND WAS DIAGNOSED AS HAVING THROMBOPHLEBITIS AND FROSTBITE OF THE FOURTH AND FIFTH TOES.

ULTIMATELY, MUSCLE TISSUE IN THE FOOT HAD TO BE REMOVED AND ONE GANGRENOUS TOE HAD TO BE AMPUTATED. THE ATHLETE SUED THE COLLEGE AND THE STUDENT TRAINER.

WHAT DO YOU WHAT DO YOU THINK THE THINK THE

JURY FOUND?JURY FOUND?

NOT GUILTY!NOT GUILTY!

THE ATHLETE HAD BEEN CONTRIBUTORILY NEGLIGENT IN THE SITUATION AND WAS RESPONSIBLE FOR HIS OWN INJURIES.

WHAT WAS LEARNED?WHAT WAS LEARNED?THIS CASE EMPHASIZES THE IMPORTANCE OF CLEAR COMMUNICATION BETWEEN THE PHYSICIAN, ATHLETIC TRAINER AND ATHLETE

ANOTHER ANOTHER EXAMPLEEXAMPLE

A STATE UNIVERSITY FOOTBALL PLAYER SUSTAINED AN INJURY TO HIS CERVICAL SPINE AS A RESULT OF AN ALLEGEDLY DEFECTIVE FOOTBALL HELMET SUED NOT ONLY THE MANUFACTURER OF THE HELMET BUT ALSO THE ATHLETIC TRAINER.

IT WAS ALLEGED THAT THE TRAINER FAILED TO WARN THE ATHLETE OF THE DANGERS OF THE HELMET.

THE JURY FOUND IN THE JURY FOUND IN FAVOR OF THEFAVOR OF THE

ATHLETE

POINTS TO KEEP IN MIND!POINTS TO KEEP IN MIND!

THUS, IT IS POSSIBLE THAT A TRAINER COULD HAVE A DUTY TO WARN AN ATHLETE OF THE INHERENT DANGERS OF EQUIPMENT WHICH THE ATHLETE MAY USE.

IF THE ATHLETIC TRAINER DOES NOT SO WARN THE ATHLETE, AND THE ATHLETE IS INJURED WHILE USING THE EQUIPMENT, THEN THE TRAINER MAY BE NEGLIGENT.

Professional Liability InsuranceProfessional Liability Insurance

Protect against damages that may arise from injuries occurring on school property

Covers against claims of negligence on part of individuals

Because of rise in lawsuits, professionals must be fully protected, particularly in regards to negligence

How do you reduce How do you reduce the risk of the risk of

litigation as a litigation as a coach, athletic coach, athletic trainer/allied trainer/allied

health health professional?professional?

Reducing RisksReducing RisksPreparation for activity

Pre season exams - assess activity areas Fitness levels - monitor environmental

conditionsConduct of activity

- maintain equipment - adequate work /rest intervals

- proper instructional techniquesInjury management

- physician supervision - evaluate / treat promptly

- supervise AT studentsRecords management

- document dr. orders, tx plan, tx. record, patient’s progress

CoachCoach

Warn athletes of potential dangers involved in sport

Supervise regularly and attentivelyPrepare and condition athletesInstruct athletes on skills of their

respective sportsEnsure proper and safe equipment

and facilities

Athletic TrainerAthletic Trainer

Work to establish good working relationships with athletes, parents and coworkers

Establish policies regarding athletic training facility and coverage

Develop emergency action planKnow the medical history of athletesMaintain adequate records

Detailed job descriptionObtain written consent relative to

providing health careMaintain confidentialityExercise caution with regards to

medication distribution and modality use

Ensure safe equipment and facilitiesFollow physician’s orders, particularly

when dealing with participation of athlete

Purchase liability insuranceKnow scope of practiceUse common sense

BE A BE A SMART & SMART & PRUDENTPRUDENT

ATHLETIC ATHLETIC TRAINER!TRAINER!

Understanding Health Information Privacy." Understanding Health Information Privacy. U.S. Department of Health and Human Services, n.d. Web. 18 Jan. 2014

The HIPAA Privacy Rule provides federal protections for individually identifiable health information held by covered entities and their business associates and gives patients an array of rights with respect to that information. At the same time, the Privacy Rule is balanced so that it permits the disclosure of health information needed for patient care and other important purposes. 

The Security Rule specifies a series of administrative, physical, and technical safeguards for covered entities and their business associates to use to assure the confidentiality, integrity, and availability of electronic protected health information. 

HIPAA Privacy LawHIPAA Privacy Law

ActivityActivity

In groups of four look further into one of the cases we googled earlier in the lesson.

Prepare a 3-4 minute debate with two people on one side of the issue and the other two on the opposite

You can either write a script of how the debate will go or present your debate to the class.