The Law of Sports Injury Chapter 3 The Law of Sports Injury

The Law of Sports Injury The field of sports medicine has witnessed a dramatic increase in the amount of litigation over the last decade Understanding liability and the role of coaches, referees and members of the sports medicine team are important. Ethics play an essential role in protecting both the athlete and coaches. State registration or licensing of athletic trainers is important. Helps protect athletes from unqualified practitioners.

Reasons for Lawsuits (Appenzeller, 2000; Podgers, 2011; Wong, 2010) People have a right to sue. Participants believe they should be able to participate without risk of injury. There is a monetary expense to injuries so people may sue to recover for medical expenses. Increase expectations of young athletes and parents relative to potential future financial gain. Sport as a business. More acceptance by the courts of comparative negligence settlements Increases in sports participants and severity of injuries.

Coaches be aware… The coach is typically the first person at the scene of an injury. Inappropriate decisions may jeopardize the athlete’s health and result in legal action. The coach’s decisions and actions are critical. A recent study of high school coaches found: A significant percentage of coaches lacked adequate first aid knowledge. (Braun et al., 2009; Dunn & Ransone, 1999; McLeod et al., 2008)

Ethics There is an increased emphasis on winning and earning monetary rewards. A coach’s livelihood and career depend on a win-loss record. Athletes and parents can bring pressure. The coach must resist the temptation to circumvent the standards of first aid care or the recommendations of medical personnel when returning an injured athlete to participation. Recognize a conflict of interest.

Ethics Under no circumstance should an injured athlete be allowed to resume sports without the consent of a qualified medical professional such as a certified athletic trainer or medical doctor. Remember: Unethical behavior by a coach will in all probability be considered as negligence by a court of law.

Concept of Tort (Ray & Konin, 2011; Wong, 2010) Tort: A private wrong or injury, suffered by an individual as a result of another person’s conduct. Negligence: A type of tort defined as “the failure to do what a reasonably careful and prudent person would have done under the same or like circumstances, or doing of something that a reasonably careful and prudent person would not have done under the same or like circumstances.”

Negligence (Wong, 2010) Act of Commission – A legal liability arising when a person commits an act that is not legally his or hers to perform. Acting in an improper way. Act of Omission – A legal liability arising when a person does not perform an action that ought to be taken. Failure to act. The Four Elements of Negligence: Duty of Care Breach of duty Actual or proximate causation Damage

Defending Negligence and Defeating Litigation (Wong, 2010) No negligence – considered an act of God Contributory negligence Comparative negligence Assumption of risk Statute of limitations Immunity Good Samaritan Law

What Is Your Liability? (McCaskey & Biedzynski,1996; Wong, 2010) Anyone serving in a coaching capacity, whether voluntarily or paid, bears considerable responsibility for the health and safety of athletes. Doctrine of sovereign immunity does NOT guarantee immunity for coaches. Coach must use reasonable care to avoid creating foreseeable risk of harm. Familiarize themselves with the duties they owe to their participants.

Potentially Negligent Actions by Coaches (McCaskey & Biedzynski, 1996; Quandt, 2009; Wong, 2010) Failure to provide: adequate supervision, competent personnel, appropriate training and instruction, proper use of safe equipment Failure to: warn of latent dangers, provide prompt and competent medical care, ensure that an athlete is ready to participate, prevent injured athletes from competing, match athletes of similar competitive levels

Are You Protected? Good Samaritan Law DOES NOT protect coaches as they have a duty to provide appropriate emergency care. Coaches need to be vigilant regarding risks to athletes. Determine if employer provides liability protection for coaches and staff. If not, then coaches should acquire liability insurance.

Steps to Avoid Legal Action To reduce the chances of going to court, coaches should have: Have a written contract, have first aid/CPR/AED training, have an emergency action plan, have and use effective lines of communication Parental consent for those under 18, pre-participation physical exams on all athletes Completion of seminars and/or postgraduate classes and be aware of laws Inspections of facilities/equipment. Enforce rules and regulations Documentation of all injuries

Health Insurance Portability and Accountability Act (HIPAA) Why is this important to coaches? Dramatic impact on the entire health care industry, including the sports medicine field where coaches may be directly involved. For example, these new regulations place strict limitations on the release of personal health information to third parties (i.e., media).

If You Get Sued Immediately - Call your insurance company and your lawyer. (Appenzeller, 2000) Write a detailed description of events related to the incident and obtain signed statements from witnesses. Make NO statement to the media or other parties without getting legal counsel.

Role of the Athletic Trainer Help school personnel in maintaining safe environments Help develop and adopt best practices and standards to prevent and address student athlete injury Have an athletic trainer on staff and ensure he or she is certified nationally and has the appropriate state regulation paperwork