Concept of Tort
What is the most common form of tort?
Unintentional
defines the scope and practice of athletic training in a particular state
State Regulation
lawful conduct is performed but done improperly
Misfeasance
Name two categories of tort
Intentional
Unintentional
What is the "gold standard" for professional regulation of Athletic Trainers?
Licensure
conduct is performed that is fully unlawful
Malfeasance
a type of tort, defined as the failure to do what a reasonably careful and prudent person would have done under the same or like circumstances
Negligence
What are the first two steps that a coach or physical educator should complete when being sued?
Contact Lawyer
Call Insurance Company
Name 2 Acts of God
Lightning
Earthquake
What is Act of Commission further divided into?
Misfeasance
Malfeasance
Out of 50, how many states have a type of state regulation of athletic trainers presently in place?
48
Name 3 potentially negligent actions by coaches
Failure to provide:
Adequate supervision
Competent personnel
Appropriate Training & Instruction
Use of Safe Equipment
Warn of Latent Dangers
Prompt & Competent Medical Care
Prevent injured athletes from participation
Match athletes of similar skill level
What are the 4 elements to prove negligence?
Duty of Care
Breach of Duty
Actual or Proximate Causation
Damage
Name 4 Preventive steps for coach to reduce chance of being sued
Written Contract
Certification in CPR, First Aid, AED
Emergency Action Plan
Parental Consent Form
Mandatory Preparticipation Physical
Documentation of all injuries
Completion of seminars/post graduate classes
Inspections of facilities/equipment
Effective lines of communication
Enforce Rules & Regulations
Be Aware of Laws that govern sports participation
Name 4 legal documents that can defeat a legal suit
No negligence (Act of God)
Contributory Negligence
Comparative Negligence
Assumption of Risk
Statute of Limitations
Immunity
Good Samaritan Law