Legal Issues in Athletic Training Ms. Bowman

Liability The state of being legally responsible for the harm one causes another

Reasonable Care Standard of reasonable care-assumes that an individual is a person of reasonable and ordinary prudence Negligence-the failure to use ordinary or reasonable care To establish negligence must demonstrate 4 things 1. Duty of care-requirement to act toward others with watchfulness, attention, caution, and prudence 2. Conduct of the defendant fell short of that duty of care 3. The defendant caused injury to occur 4. Resultant damages occurred

Legal Terminology Tort-legal wrongs committed against a person Nonfeasance- (act of omission) when an individual fails to perform a legal duty Malfeasance- (act of commission) when an individual commits an act that is not legally his or hers to perform Misfeasance- when an individual improperly does something he or she has the legal right to do

Negligence A healthcare professional can be sued for negligence when 1-that individual does something a reasonably prudent person would not do 2-fails to do something that a reasonably prudent would do under circumstances similar to those shown by the evidence Plaintiff must prove that Individual had a duty to exercise reasonable care Breached that duty by failing to use reasonable care There is a reasonable connection between the failure to use reasonable care and the injury suffered by the plaintiff or the individual’s action made the injury worse

Obligation to treat Once the athletic trainer (or other professional) assumes the duty of caring for an athlete, the athletic trainer has made an obligation to make sure that appropriate care is given. The athletic trainer, or any other person, is not obligated to provide first aid care for an injured person outside their scope of employment. If they choose to become involved as a caregiver for an injured person, they are expected to provide reasonable care consistent with their level of training.

Good Samaritan Law Provides limited protection against legal liability to any individual who voluntarily chooses to provide first aid, should something go wrong. Within limits of professional training Reasonable care in the situation If you have more professional training, you are expected to provide a higher level of care Person will be judged in terms of his/her performance

Statutes of Limitations Sets a specific length of time Varies from state to state Tends to be 1-3 years Clock starts either on time negligent act was committed or omitted In some states, a minor can file a claim up to 3 years after turning 18

Assumption of Risk An athlete assumes the risk of participating in an activity when he or she knows of and understands the dangers of that activity and voluntarily chooses to be exposed to those dangers Written waiver or implied from the conduct of athlete Subject to many interpretations, especially in the case of minors. They are not considered able to render a mature judgment about the risks of a situation.

Patient Confidentiality http://www.med- ed.virginia.edu/courses/rad/confidentiality/ http://depts.washington.edu/bioethx/topics/confiden. html

HIPAA Health Insurance Portability and Accountability Act

FERPA Family Educational Rights and Privacy Act

Insurance Managed care-costs of a health care provider’s medical care are closely monitored and scrutinized by insurance carriers

Insurance General Health Insurance-covers illness, hospitalization, and emergency care; family health insurance coverage; typically provided by employer or person buys own coverage Accident Insurance-covers accidents; usually for a specific activity such as sports; amount it pays is limited; typically does not cover major injuries that may require surgery

Insurance Catastrophic Insurance-cover injuries that result in lifelong or life-altering disability; begin when expenses have reached $25,000 and are then extended for a lifetime; provides medical, rehabilitation, and transportation costs in excess of $10,000 not covered by the other insurance benefits

Insurance Professional Liability Insurance-to protect against damages that may arise from injuries occurring on school property; covers claims of negligence in a civil case; if a criminal complaint is filed, liability insurance will not cover Errors and Omissions Liability Insurance-designed to cover school employees, officers, and the district against suits claiming malpractice, wrongful actions, errors and omissions, and acts of negligence

Insurance Third Party Reimbursement-primary mechanism fro payment for medical services in US. Insurance company reimburses health care professionals for services performed. HMO PPO POS EPO PHO TPA Medicare Medicaid Worker Compensation Indemnity Plans Capitation

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