Chapter 3: Legal Concerns and Insurance Issues

Legal Concerns for the Athletic Trainer Critical to be mindful of the litigious nature of our society as it relates to healthcare Athletic trainers are held ___________ for their _____________ Potential exists that techniques and procedures used by athletic trainers may result in legal action due to issues of ___________ and ______________

Liability: ________________________ ________________________ ________________________

Standard of Reasonable Care Negligence _________________________________ ___________________________________ Standards of reasonable care Assumes that a person is of ordinary and reasonable prudence Bring commonsense approach to the situation Must operate within the appropriate limitations of ones educational background

Torts ________________________________ (liability results) May emanate from Nonfeasance Fail to perform ____________(i.e. fail to refer) Malfeasance Performs action that is not his/hers to _________________ (i.e. perform advanced treatment leading to complications) Misfeasance Performs an _________________ that the he/she has the legal right to do

Proving Negligence Care giver does something a reasonably prudent individual would __________. Care giver _____________________ a reasonably prudent individual would not. For a negligence suit to be successful Must prove the athletic trainer had a duty to exercise reasonable care The athletic trainer breached that duty Establish a connection between the failure to use reasonable care and the injury suffered by the individual

_____________________ An athletic trainer at an institution has ______ ___________ to individuals at the institution May be protected through sovereign immunity _____________________ Neither the government nor individuals employed by the government can be held liable for negligence May vary state to state _________________________ Provides limited protection against legal liability to one that provides care should something go wrong

Statutes of Limitation Specific length of time an individual can __________________________________. Varies by state but generally ranges from ____ to _____ years Clock begins at the time the negligent act results in suit or from the time injury is discovered following negligent act _________ have generally have an extension

Assumption of Risk Individual is made aware of __________ involved in sport and voluntarily decides to ______________________ Expressed in _____________ or implied from conduct of athlete once participation begins Can be used as defense against an individual’s negligence suit

Does not excuse overseers from exhibiting reasonable care and prudence in regards to conduct of activities or foreseeing potential hazards Many and varied interpretations (particularly with minors) Often a waiver will stand in court except in incidents of _______, misrepresentation or _________

Reducing the Risk of Litigation Athletic Trainer Work to establish _______________________ Establish policies regarding athletic training facility and coverage Develop __________________________ Become familiar with medical history of individuals under your care Maintain adequate records

Detailed _________________ Obtain written consent relative to providing health care Maintain ___________________ Exercise caution with regards to __________ distribution and __________ use Ensure safe equipment and facilities Allow injured players to return following physician ________________

Follow physician’s orders, particularly when dealing with participation of athlete Purchase ________________ Know _______________ Use ________________

Professional Liability Insurance Most employees have insurance to protect against damages that may arise from _______ ___________________________ ______________ covers against claims of negligence on part of individuals Because of rise in lawsuits, professionals must be fully protected, particularly in regards to negligence All ATs _________________________________

Catastrophic Insurance Catastrophic injuries in athletics are relatively ______, but are staggering to all involved Organizations (NCAA, NAIA, NFSHSA) provide additional coverage to deal with lifetime extensive care

Errors and omissions liability insurance has evolved to protect individuals against suits claiming malpractice, negligence, errors and omissions Individuals within program should have personal liability insurance Ensuring that all athletes and faculty/staff coverage is in place is critically important

Filing of claims, at times, is the responsibility of the athletic trainer Can be very time consuming taking the AT away from other responsibilities Additional staff may be necessary to deal with added responsibilities