Sports Medicine Legal Liability 5/23/2018

Property of CTE Joint Venture Bellwork A student-athlete suffered a severe spinal cord injury during a football game. The injury occurred when the athlete lowered his head and tackled an opponent . The athlete’s parents are suing the coach, the athletic trainer, school officials and the school district. Does the injured athlete and his family have any justification for a lawsuit? Why or why not? 5/23/2018 Property of CTE Joint Venture

Property of CTE Joint Venture Objectives Define legal terms associated with lawsuits Explain the four components of a lawsuit 5/23/2018 Property of CTE Joint Venture

Property of CTE Joint Venture Terminology #1 Liability something that someone is responsible for, or something that increases the chance of something occurring (i.e. it is a cause). Negligence (Guilty of being liable) failure to act as a reasonably prudent person would Gross negligence a step beyond negligence; failure to provide minimal care 5/23/2018 Property of CTE Joint Venture

Property of CTE Joint Venture Terminology #2 Tort – A wrongful act or infringement of a right. What an Athletic Trainer is legally charged with Omission – to omit, or not carry out legal duty Commission – to commit act not legally able to perform 5/23/2018 Property of CTE Joint Venture

Property of CTE Joint Venture Terminology #3 Assumption of risk an individual may be injured as a result of participating in sports Athletes must sign a waiver before participating Permission to treat consent obtained from athlete or parent before a medical procedure is performed 5/23/2018 Property of CTE Joint Venture

Defenses Against Negligence Assumption of Risk - an athlete assumes certain risk of injury (need to consider age, and experience) Act of God – event outside human control Good Samaritan Law - someone who renders aid in an emergency to an injured person on a voluntary basis. Protects non-contracted individuals and non-HCP’s attempting to assist in a reasonable manner in an emergency situation

Negligence? Or Gross Negligence? The athletic trainer notices a puddle of water on the gym floor but does not wipe it up. An athlete slips on the water and is injured. 1. Hand signals: thumbs up or thumbs down to indicate agreement or disagreement use fingers to indicate a number selection such as “Which is the correct solution one, two or three?” teacher gives feedback to the students PROPERTY OF PIMA COUNTY JTED, 2010 8

Negligence? Gross negligence? Athletic trainer evaluates an injury and tells the athlete it is a mild ankle sprain; no ice, crutches or referral is given. The athlete goes to Urgent Care and is diagnosed with a fracture. 1. Hand signals: thumbs up or thumbs down to indicate agreement or disagreement use fingers to indicate a number selection such as “Which is the correct solution one, two or three?” teacher gives feedback to the students PROPERTY OF PIMA COUNTY JTED, 2010 9

Negligence? Thumbs up Gross negligence? Thumbs down Athletic trainer fails to buy new batteries for the AED. It does not turn on during a cardiac emergency so the AT calls 911. 1. Hand signals: thumbs up or thumbs down to indicate agreement or disagreement use fingers to indicate a number selection such as “Which is the correct solution one, two or three?” teacher gives feedback to the students PROPERTY OF PIMA COUNTY JTED, 2010 10

Informed Consent Implies that an athlete or his/her parents must be informed of the risks inherent in a particular sport before they voluntarily assume the risk of participation. Remember that guardians/parents cannot waive a minors rights and must sign on behalf of their child

A reasonable assumption of risk for a wrestler would be: 1. Cauliflower ear 2. Elbow dislocation 3. ACL sprain 4. Femur fracture 1. Hand signals: thumbs up or thumbs down to indicate agreement or disagreement use fingers to indicate a number selection such as “Which is the correct solution one, two or three?” teacher gives feedback to the students PROPERTY OF PIMA COUNTY JTED, 2010 12

An unreasonable assumption of risk for a tennis player would be: 1. Tennis elbow 2. Ankle sprain 3. Concussion 4. Wrist tendinitis 1. Hand signals: thumbs up or thumbs down to indicate agreement or disagreement use fingers to indicate a number selection such as “Which is the correct solution one, two or three?” teacher gives feedback to the students PROPERTY OF PIMA COUNTY JTED, 2010 13

PROPERTY OF PIMA COUNTY JTED, 2010 Think-Pair-Share One partner explains in his/her own words what permission to treat means. The other partner gives an example. 3. Think-pair-share teacher presents a question teacher gives wait time for student to form answer teacher instructs students to share their answer with a partner teacher calls on non-volunteers to share with the class PROPERTY OF PIMA COUNTY JTED, 2010

Terminology #3 First need to know what is the athletic trainers DUTY to the athlete Duty is the legally defined responsibilities of an athletic trainer To do what a reasonable and careful person (athletic trainer) would do under the same or similar circumstances “reasonably prudent man theory”

What Defines a DUTY? Job Description Standard of Care Contract Athletic Trainer Domains

Property of CTE Joint Venture Terminology #3 cont. Breach of duty failure to perform one’s job Proximate cause a direct connection between an individual’s actions and an injury to a second person 5/23/2018 Property of CTE Joint Venture

Types of Breaches of Duty Nonfeasance - not fulfilling legal duty, “not doing something you should have done” Misfeasance - Doing something we should be doing, but improperly Malfeasance - Doing something we have no duty to perform 5/23/2018 Property of CTE Joint Venture

Components of a Lawsuit 1. Duty 2. Breach of Duty 3. Actual Injury 4. Proximate Cause 5/23/2018 Property of CTE Joint Venture

Part of being prepared and avoiding liability is having an emergency care procedure in place and following that procedure.

How to BEST Avoid a Lawsuit “Do the right thing right all the time!!” 5/23/2018 Property of CTE Joint Venture

Property of CTE Joint Venture Bellwork Scenario A student-athlete suffered a severe spinal cord injury during a football game. The injury occurred when the athlete lowered his head and tackled an opponent . The athlete’s parents are suing the coach, the athletic trainer, school officials and the school district. 5/23/2018 Property of CTE Joint Venture

PROPERTY OF PIMA COUNTY JTED, 2010 Predict Identify the 4 components in the bellwork scenario to predict the outcome of the lawsuit. Be prepared to share your answers with the class 15. Predict teacher groups students teacher reads a scenario teacher asks the groups to predict the outcome teacher has the individual student respond or may have the group designate a scribe to write their group’s response teacher has groups share while the other groups compare/contrast their responses or teacher collects the writings 23 PROPERTY OF PIMA COUNTY JTED, 2010

Property of CTE Joint Venture Lawsuit Components Duty? Yes, the coach & athletic trainer have a duty to teach/correct tackling techniques Breach of duty? Did tackling techniques get taught/corrected? Actual injury? Yes, spinal cord injury Proximate cause? Did failure to teach/correct tackling techniques lead to the player’s injury? 5/23/2018 Property of CTE Joint Venture

Property of CTE Joint Venture In Summary… Athletic Trainers have a DUTY A Breach of Duty = Negligence Types of Negligence = GROSS NEGLIGENCE - OMISSION - to omit COMISSION – to commit NONFEASENCE: Failure to act MISFEASANCE: Act incorrectly or inappropriately, actions caused harm, unintentional and negligent MALFEASANCE: Actions caused harm, acted inappropriately, or acted beyond your scope of practice 5/23/2018 Property of CTE Joint Venture

PROPERTY OF PIMA COUNTY JTED, 2010 Write on your paper Describe 5 specific legal responsibilities of an Athletic Trainer. Discuss how an AT would protect themselves in each scenario. 2. Whiteboards/Slates student writes answer or solution to a question posed by the teacher teacher solicits all students to show at the same time teacher gives feedback to the students PROPERTY OF PIMA COUNTY JTED, 2010