Legal issues
Define Liability
Being Legally responsible for the harm of athlete or cause of injury.
Act of God
mother nature, uncontrollable
Standard of reasonable care
degree of care that an equally qualified caregiver would provide
Act of omission
failure to perform
In the Dr. Nassar lawsuit where he inappropriately touched hundreds of female athletes, which criminal act did he commit?
Battery
Define Tort
a Legal wrong
Ethics
morals; a set of principals or values that influences behavior.
Nonfeasanance
care provider fails to perform their legal duty
Act of commission
Performing an illegal act
Johnny slips in a puddle while horseplaying, suffers an injury, and needs to be transported to the ER. What could the coach and athletic trainer have done differently to prevent this and the lawsuit that followed?
Coach should have supervised and warned athletes not to horseplay
ATC could have checked the gym for water before practice
Athletes could have avoided horseplay
Define Negligence
Failure to use reasonable care than an ordinary person would use
Gross Negligence
Total disregard for the safety of others
Warning Of Risk
The organization writes down all warnings to what might occur
Battery
Unlawful touching without consent
The athletic trainer fails to give the soccer coach emergency cards, a player is injured, and rushed to a hospital not covered by her insurance. Who is at fault? Why? What are possible outcomes of this lawsuit?
The athletic trainer is at fault
She is responsible for collecting, maintaining, and disseminating info to the coaches. She is negligent. Coach should have attempted to contact the school, the AT, or the parents before admitting her to the wrong hospital.
Possible outcomes are the athletic trainer, the coach, and the school could be reponsible for paying all of the hospital fees.
Define Malfeasance
when the care provider performs an act that is not the care provider's responsibility or standard of care.
Assumption of Risk
the athlete assumes she/he may be injured during activity
Malpractice
Care provider commits negligent act while delivering care
HIPAA
Health insurance portability and accountability act
Federal regulation to protect personal health info
Why are emergency cards, consent forms, and EAPs so important?
Forseeability of Risk,
Warning of Risk/Assumption of Risk,
and
Proper Risk Management
when a care provider commits an act but uses the wrong procedures
Foreseeability of risk
making sure enviorment and equipment are safe
What does EAP mean?
Emergency Action Plan
FERPA
Family Educational Rights and Privacy Act
Protects the privacy of student educational records
You're hosting a tournament during school hours, all the gates are locked, and the gym door is very narrow. What are some specific details that need to be in your EAP to get an athlete in an ambulance as quickly as possible.
1. Naming the person responsible for calling 911 and another to get the AED. Map leading to the gym. Person waits for EMS to arrive.
2. Athletic director # must be available and must contact staff to unlock the gate nearest the gym.
3. AT must care for and prepare athlete for tranport out of the gym to meet EMS as soon as it arrives. Emergency card ready upon EMS arrival.