Legal Considerations In Sports Medicine

Preventative Measures Obtain Credentialing Shows client base that you have met National and State Standards within your job field and gives you credibility. As long as your practice stays within the limitations set by your credentialing chances are low that a suit will ever be filed against you. Credentials set the parameters your job is to follow them. Credentials vary amongst states and professions

Preventative Measures Types of Credentials Licensure Most restrictive form of Governmental credentialing Intent to protect public by limiting the practice of professionals to those who have met requirements of a licensing board Prohibit those from practicing unless they have met requirements set by board Usually requires some for of examination in order to complete

Preventative Measures Types of Credentials Certification Less stringent than licensure Generally considered to have met the educational and skill requirements needed for the profession States and health care practitioners can certify professionals Noncertified individuals are prevented from using the same title but are able to perform the same duties of certified individuals May or may not require additional examination

Preventative Measures Types of Certifications Registration Even less restrictive Professionals are required register with a state before practicing. Registration is a form of title protection as no one can practice without at least first applying for registration Usually no examination is required for approval

Preventative Measures Types of credentials Exemptions Releases professionals from one profession from the liability of violating another professions practice act

Preventative Measures Strategies for Avoiding Legal actions Build Relationships-constant positive communication encourages better relationships Insist on written contracts-provides expectations for standard of care Obtain informed consent-eliminates the I didn’t know response Provide physical examinations Know the profession-know what you will be more exposed too and plan for it Document hazards-look for and ask for them to be removed Establish policies-develop guidelines and adhere to them

Preventative Measures Strategies for Avoiding Legal actions Document Activities-write down what you do when and to who to establish a timeline Maintain confidentiality Participate in continuing education-stay up to date on all current trends Recognize your qualifications-know what's expected of the profession and realize the limitations of it Insurance-purchase liability insurance as a just incase situation

Legal Principles Most common legal concern that allied health care professionals will face is Malpractice Defined as “Liability generating conduct associated with adverse outcome of patient treatment Forms of Liability Negligent patient care Failure to obtain informed consent Intentional Conduct Breach of contract Use/transfer of defective product Abnormally dangerous treatment

Legal Principles Torts-legal wrong done to someone which results in some form of compensation, usually money Most cases against health care professionals based on negligent tort theory Negligence is when a professional fails to act in a way that a reasonably prudent professional would act.

Legal Principles Five components of Negligence Conduct-Did something that links to the tort Existence of Duty-was the person wrong owed services by the professional Breach of Duty-did the professional not follow standard of care Causation-breach or care is what could lead to injury of plaintiff Damage-That injury actually did occur

Legal Defenses Best defense is to provide high quality service that follows standards of care set by the profession If malpractice has occurred the following should be considered as the best form of defense Statute of limitations-set time limits on how long a patient has to bring suit against a professional Sovereign Immunity-governments and their employees are not subject to negligent torts Assumption of Risk-clients are aware of risks involved and proceed with treatment anyway. Good Samaritan Immunity-limited defense but can hold up in certain situations