Legal Concerns Obj: I will compare and contrast legal concepts for liability, negligence, torts, and assumption of risk Obj: I will identify measures that can be taken to minimize litigation

What if he died? Who is negligent? http://www.youtube.com/watch?v=6bKdVDGaqB0 http://www.youtube.com/watch?v=N1mIcYz-DM8

What is liability? Being legally responsible for the harm one causes to another person One person is held financially responsibly for harming another Not a criminal act It is important for athletic trainers to reduce their risk of legal liability for athletic injuries

What is negligence? The failure to use ordinary or reasonable care Concussion resulted in brain injury to football player due to negligence of Baldwin Wallace University, lawsuit claims

What is a tort? A wrong committed against a person as a result of an act or failure to act No intent to do harm Negligence is a tort

Liability, Negligence, Tort An Athletic Trainer commits a tort. The tort is negligence. The Athletic trainer is liable for the death of a player.

Family files Wrongful Death suit http://www.bakersfieldnow.com/sports/Family-of-Cal-player-files-wrongful-death-suit-270079891.html?tab=video&c=y Agu experienced dizziness, shortness of breath, loss of balance and other signs of extreme fatigue. The lawyer argued that trainers took too long to respond and were not properly trained to care for a player in the sickling process.

What is failure to act? A person fails to perform a legal duty Duty = responsibilities of a person Job description Standard of care – determined by the duty

What constitutes breach of duty? Nonfeasance: not fulfilling legal duty “didn’t do something that you should have done” Misfeasance: doing something we should be doing, but improperly “doing a good thing the wrong way” Example: CPR, AED Malfeasance: doing something we have no duty or ability to perform “doing wrong the wrong way” Read the article: Former High School Athlete wins $4.4 Million Settlement Against Negligent Athletic Trainers Was this non-feasance, misfeasance, or malfeasance?

When is negligence alleged? When an individual does something a reasonably person would not do or fails to do something a reasonably person would do under same circumstances. http://www.youtube.com/watch?v=cM_dZSdxx1k http://www.youtube.com/watch?v=-e3Hr_xoILg

Defenses against negligence: Assumption of risk: an athlete assumes certain risk of injury (need to consider age, and experience) Act of god Example: Lightening strikes and kills someone Not foreseeable The accident was not foreseeable Example: college football player jumps into stands after touchdown and is injured http://www.youtube.com/watch?v=GV8jsAVJmao Watch: Unpredictable behavior by athletes

Assumption of risk The individual, through expressed or implied agreement, assumes that some risk or danger will be involved in the particular undertaking. In other words, a person takes his or her own chances. Can sign a waiver Do an act that is known to have risk

How does a coach reduce his or her chance of litigation (being sued) ? Warn athletes of potential dangers inherent in their sport Supervise regularly and attentively Properly prepare and condition athletes Properly instruct athletes in the skills of their sport Ensure that proper and safe equipment and facilities are used by athletes at all times Educate parents

How does an athletic trainer reduce his or her chance of litigation? Work to establish good personal relationships with athletes, parents, and coworkers Establish specific policies and guidelines for operation of an athletic training facility, and maintain qualified and adequate supervision of the training room, its environment, facilities, and equipment at all times Develop and carefully follow an emergency plan Become familiar with health status and medical history of the athletes under his or her care so as to be aware of particular problems that could present a need for additional care or caution

How does an athletic trainer reduce his or her chance of litigation? keep factually accurate and timely records that document all injuries and rehabilitation steps, and set up a record retention policy that allows records to be kept and used in defense of litigation that may be brought by athletes. document efforts to maintain a safe playing environment have a detailed job description in writing obtain, from athletes and from parents or guardians when minors are involved, written consent for providing health care

How does an athletic trainer reduce his or her chance of litigation? maintain confidentiality of medical records exercise extreme caution in the administration, if allowed by law, of non-prescription medications; athletic trainers may not dispense prescription drugs use only those therapeutic methods that he or she is qualified to use and that the law states may be used not use or permit the presence of faulty or hazardous equipment work cooperatively with the coach and the team physician in the selection and use of sports protective equipment, and insist that the best be obtained, properly fitted, and properly maintained

How does an athletic trainer reduce his or her chance of litigation? Not allow injured players to participate unless cleared by the team physician Develop an understanding with the coaches that an injured player will not be allowed to re-enter competition until, in the opinion of the team physician or the athletic trainer, he or she is psychologically and physically able

How does an athletic trainer reduce his or her chance of litigation? Follow the express orders of the team physician at all times Purchase professional liability insurance that provides adequate financial coverage and be aware of the limitations of the policy Know the limitations of his or her expertise as well as the applicable state regulations and restrictions that limit the athletic trainers scope of practice Use common sense in making decisions about an athlete’s health and safety.

What is hipaa? The health insurance portability and accountability act of 1996 The HIPAA Privacy Rule provides federal protections for individually identifiable health information held by covered entities and their business associates and gives patients an array of rights with respect to that information. At the same time, the Privacy Rule is balanced so that it permits the disclosure of health information needed for patient care and other important purposes.  The Security Rule specifies a series of administrative, physical, and technical safeguards for covered entities and their business associates to use to assure the confidentiality, integrity, and availability of electronic protected health information. 

Who needs to know? With a partner, decide who needs to know the athlete’s medical condition? Justify why that person does or does not need to know. 1st scenario: Concussion 2nd scenario: What if it was an ACL tear?

Negligent or Not? Step 1: With a partner, decide if the scenario is negligence or not. If someone is negligent, decide if it is nonfeasance, misfeasance, or malfeasance. Step 2: With your partner: Create 3 sports examples of nonfeasance Create 3 sports examples of misfeasance Create 3 sports examples of malfeasance Be prepared to share them with the class

Group Video and Assessment Quiz Part 1: Create a video on nonfeasance by an athletic trainer, misfeasance by an athletic trainer, and malfeasance by a coach See Movie Rubric When Finished, Study for Assignment Quiz on Legal Issues Part 2: Take assignment quiz on legal issues

Review for exam and Goanimate Movie Part 1: Whiteboard game: Review concussions, sudden cardiac arrest, and head/neck injuries Part 2: (use Assignment Rubric) Create a toontastic movie showing knowledge on at least one of the following concepts: 3 signs of a concussion, 3 treatment options, 2 prevention strategies 3 signs of sudden cardiac arrest, 4 treatment options, 3 prevention strategies 3 Signs of head/neck/spine injury, 4 treatment options Incident involving malfeasance and description of why it is malfeasance Incident involving nonfeasance, 4 ways a coach can reduce litigation Incident involving misfeasance , 4 ways an athletic trainer can reduce litigation

Study for the Test Includes: Concussions Sudden Cardiac Arrest Head/Neck/Spine Injuries Sports Medicine Current Events Legal Issues