Objective 3: Explain legal issues and legal terminology. Risk Management Objective 3: Explain legal issues and legal terminology. Injury is damage to the body that restricts activity and/or causes disability. Those who participate in sports and other physical activities, risk sustaining an injury. Sports Medicine professionals should try to minimize the risk of injury as much as possible.

Risk Management: Types of Sports COLLISION Athletes use their body to deter or punish opponents. (Intent of the sport.) Risk of injury relatively high. Ice Hockey Football Rugby

Risk Management: Types of Sports CONTACT Contact occurs, but is not the intent of the sport and discouraged by rules. Traumatic and overuse injuries are common. Basketball Baseball Field Hockey Lacrosse Rodeo Soccer Softball Water Polo Wrestling

Risk Management: Types of Sports NON-CONTACT Sports where players are separated such that contact is unlikely without violation. Acute, traumatic injuries still occur, but the incidence of chronic, overuse related injury is greater. Archery Badmiton Bowling Crew/rowing Cross country running Curling Fencing Golf Gymnastics Skiing/Snowboarding Squash Swimming Diving Tennis Track & Field Volleyball

Legal Terminology Assumption of Risk It is assumed that an individual who participates in an activity and is injured as a result of the ordinary risk associated at the activity will not have grounds for negligence.

Legal Terminology Battery Touching someone without their permission.

Legal Terminology Commission & Omission Doing something (commission) or failing to do something (omission) that a reasonable person would or would not do under similar circumstances.

Legal Terminology Failure to Warn Failing to inform a participant of potential risks and dangers. When dealing with minors, failing to warn parents or obtaining consent.

Legal Terminology HIPAA Health Insurance Portability and Accountability Act Law that mandated four main areas of change for business in the health care industry. Privacy of health information Standards for electronic transactions of health information and claims. Security of electronic health information. National identifiers for providers.

Legal Terminology Informed Consent Being informed of all procedures and the potential risks and benefits of each.

Legal Terminology Liability The legal responsibility to act in a reasonable and prudent manner. Failure to perform in such a manner makes you legally liable.

Legal Terminology Malpractice When an individual commits a negligent act while providing care.

Legal Terminology Negligence Failure to use ordinary or reasonable care. In order to prove, four basic elements must be shown: Duty of care – an individual has the responsibility to provide care. Breach of duty – conduct of provider falls short of that duty. Usually commission or omission. Injury or damage – results of the breach of duty. Proximate cause – the injury or damage directly related to the breach of duty.

Legal Terminology Standard of Care Provides reasonable and prudent care expected as compared to someone with similar education and experience.

Ethical Conduct and Associated Issues Sports medicine professionals must act at all times with the highest standards of conduct and integrity. Ethics can be defined as a system of moral principles or standards governing conduct and knowledge of right and wrong.

Ethical Conduct and Associated Issues Americans with Disabilities Act (ADA) Federal legislation that opens up services, facilities, and opportunities to people with disabilities.

Ethical Conduct and Associated Issues Fair Play and Sportsmanship Many people believe fair play and sportsmanship to be the “golden rule” of the sports world. Some ethical issues related to fair play/sportsmanship include: Cheating Performance Enhancing Drugs Drug Testing

Ethical Conduct and Associated Issues: Fair Play and Sportsmanship Cheating Manifests itself in several ways in the world of athletics. Is victory due to training and talent, or cheating? The pressure of failing is too much to deal with. No one wants to be a failure.

Ethical Conduct and Associated Issues: Fair Play and Sportsmanship Performance Enhancing Drugs Substances used for the express purpose to perform better athletically.

Ethical Conduct and Associated Issues: Fair Play and Sportsmanship Drug Testing A common tool used to try to deter the use of performance enhancing drugs.

Ethical Conduct and Associated Issues Scope of Practice Each career area has guideline regarding what you can and cannot do. Make sure you are staying within the boundaries of your training and complying with local and federal laws.

Ethical Conduct and Associated Issues Title IX - Gender Equity An addition to the 14th Amendment in 1972. No person shall be excluded on the basis of gender or be denied the benefit of any education program or activity receiving Federal financial assistance.

Ethical Conduct and Associated Issues Winning At All Costs Our cultural traditions value winning, and why not since it is part of the reason sports exist.  What we fail to teach our children, students, athletes, and society in general is that the honest pursuit of anything carries with it the responsibility to do it right.

Ethical Conduct and Associated Issues Clinician Risk Reduction Be familiar with medical histories of athletes, clients, or patients. Carry liability insurance. Be informed and current in changes in the standard of care through continuing education.

Ethical Conduct and Associated Issues Clinician Risk Reduction (con’t) Demonstrate appropriate documentation. Implement a comprehensive record-keeping system. Critical in litigation, as well as with communication between members of sports medicine team. Pre-participation exams, insurance forms, personal data, rehab programs, progress charts, etc. In a legal situation, “if it wasn’t written down, it didn’t happen”! Injury reporting forms and injury tracking software are available online.

Ethical Conduct and Associated Issues Clinician Risk Reduction (con’t) SOAP Format – a medical documentation method S = Subjective: Information that the patient reports. O= Objective: Information that can be measured and expressed in a standard format. A= Assessment: What decisions are made with the information gathered. P = Plan: Course of treatment to be carried out.

Ethical Conduct and Associated Issues Clinician Risk Reduction (con’t) Follow physician’s orders and recommendations. Have an Emergency Action Plan: Develop separate EAP for each field, gym, court, etc. Include policies for removal of protective equipment. Emergency communication needed. Have keys to doors, gates or padlocks easily accessible. Hold an annual meeting with all involved to review EAP. Carry contact information for athletes and coaches at all times.

Ethical Conduct and Associated Issues Clinician Risk Reduction (con’t) Always stay within your scope of practice. Maintain qualified and adequate supervision of facilities, employees, and equipment. Maintain good rapport with athletes, parents, coaches, physicians, clients and colleagues. (Sports Medicine Team)