Legal Terms and Issues in Athletics "Sports Medicine." Sports Medicine. Joint School District No. 2; Boise, Eagle, Meridian, Star, n.d. Web. 20 Jan

LIABILITY BEING LEGALLY RESPONSIBLE FOR THE HARM ONE CAUSES ANOTHER PERSON Is the state of BEING LEGALLY RESPONSIBLE FOR THE HARM ONE CAUSES ANOTHER PERSON.

Must act according to the standards of a reasonable prudent person with comparable education, skills and training ◦The Athletic Trainer ◦The Coach ◦The Student Athletic Trainer

"REASONABLE CARE“ "COMMON SENSE"

NEGLIGENCE The FAILURE to use ordinary or reasonable care Standards set by  Implicit expectations (treat with respect)  Policy and procedure manuals  NATA Role delineation / Educational Competencies  Position statements (ACOSM, NCAA, NATA )

Due Care ◦Common Sense Care ◦Reasonable care an ordinary person with comparable education would use

TORT Legal Wrong committed against the person or property of another Two Basic Type of Tort Claims ◦Acts of Omission ◦Acts of Commission

ACT OF OMISSION FAILS to PERFORM a Legal Duty The Athletic Trainer FAILS to PERFORM a Legal Duty ◦Don’t DO something YOU SHOULD DO

Examples An Athletic Trainer fails to refer a seriously injured athlete for the proper medical attention An Athletic Trainer fails to know the medical history of an athlete which results in a medical emergency ◦i.e.Medical allergies, food allergies, drug allergies, medical conditions ◦i.e. Medical allergies, food allergies, drug allergies, medical conditions

ACT OF COMMISSION The Athletic Trainer COMMITS an act that is not LEGALLY his/hers to perform ◦Do something you aren’t trained to do

Examples An Athletic Trainer performs a medical treatment not within his or her legal province and serious medical complications develop An Athletic Trainer administers prescription medication to an athlete without direct instructions from a physician

Five Basic Elements of Tort Allegations Courts will look for five basic elements in any tort allegation

1) Existence of Duty What is our “duty”? - job descriptions - NATA competencies Abandonment - once services are provided, patient must agree / voluntarily terminate relationship - substituting practitioner could be charged

2)STANDARD OF CARE Did you act REASONABLE when carrying out your everyday activities? Did you act REASONABLE when carrying out your everyday activities?

3)BREACH OF DUTY Did you FAIL to exercise reasonable care? Did you FAIL to exercise reasonable care? Did you violate a law? Did you violate a law? Did you operate under standard of care? Did you operate under standard of care? - Herbert, D.L., (1992). The sports medicine standards book. Canton OH.

4)PROXIMATE CAUSE OF A RESULTING INJURY Did YOUR breach of duty substantially contribute to the injury? Did YOUR breach of duty substantially contribute to the injury? Did you FAIL to FORSEE the injury with a particular action? Did you FAIL to FORSEE the injury with a particular action?

5)THERE MUST BE INJURY Damages The Sports Medicine professional has a DUTY to ADHERE to the Recognized Standard of Care of the Profession The Sports Medicine professional has a DUTY to ADHERE to the Recognized Standard of Care of the Profession Harm has to be proven Harm has to be proven Physical damage Physical damage Emotional Distress Emotional Distress Loss of… Loss of…

Examples of Torts An athletic trainer through improper or careless handling of a therapeutic agent, seriously burns an athlete An Athletic Trainer moves a possibly seriously injured athlete from the field of play to permit competition or practice to continue and does so either in an improper manner or before consulting those qualified to know the proper course of action and injures the athlete.

Tort Claims The Tort Concept of Negligence is held by the courts, when it is proven that an individual:

DOES something that a reasonably prudent person would NOT DO FAILS to do something that a reasonably prudent person would do under circumstances similar to those shown by the evidence

ASSUMPTION OF RISK "Assumption of Risk." The Courts Generally Acknowledge that Hazards ARE PRESENT in sports through the Concept of "Assumption of Risk."

The individual, either by expressed or implied agreement, assumes the danger and hence relieves the other individual of legal responsibility to protect him or her. ◦The Athlete agrees there are risks

This in no way exempts those in charge from exercising reasonable care and prudence in the conduct of activities or from foreseeing and taking precautionary measures

Athletes MUST : Know the Risks Know the Risks Understand the Risks Understand the Risks Appreciate the Risks Appreciate the Risks

NEWSFLASH!!! Minors CAN NOT Waive Their Rights Minors CAN NOT Waive Their Rights Not able to make a mature judgment Not able to make a mature judgment

WARNING OF RISKS At the Beginning of each season Athletes must be sufficiently warned of the Possible Risks Inherent with that sport. Explain the Rules and the Dangers they may face when using improper and dangerous techniques

FORESEEABILITY OF RISK ATHLETES HEALTH AND WELFARE #1 PRIORITY

Regular Checks of Facilities ◦HAZARDOUS CONDITIONS Accurate Records of Injuries and Treatments

Brain Break HMDTg0 HMDTg0

LIABILITY OF THE ATHLETIC TRAINER

As a Result of National Certification and State Licensure, the Risk of Liability for Negligence of Athletic Trainers has also Increased.

There are NOW Higher Standards of Care to which Athletic Trainers must Adhere to.

The Standards form a Legal Duty, the breach of which constitutes Negligence

Web Activity Google “lawsuits against athletic trainers” and give a two-three sentence description of one of the cases you find.

REAL SPORTS MEDICINE COURT CASES

A STUDENT ATHLETIC TRAINER FOR A COLLEGE BASKETBALL TEAM INFORMED THE TEAM'S TREATING PHYSICIAN THAT HE HAD BEEN "ICING" THE SPRAINED ANKLE OF A BASKETBALL PLAYER.

THE PHYSICIAN ASSUMED THAT "ICING" MEANT APPLYING ICE PACKS. INSTEAD, THE TRAINER HAD USED ICE WATER IMMERSION TREATMENT FOR THE ANKLE.

THE ATHLETE SLEPT OVERNIGHT WITH THE ANKLE SUBMERGED IN A BUCKET OF ICE WATER AND CONTINUED TO IMMERSE THE FOOT FOR SEVERAL DAYS.

AFTER DISCOVERING THAT THE BASKETBALL PLAYER WAS STILL USING ICE WATER IMMERSION THREE DAYS LATER, THE TRAINER IMMEDIATELY CALLED THE PHYSICIAN, WHO INSTRUCTED THE TRAINER TO STOP THE ICE WATER TREATMENT.

SIX DAYS AFTER THE INJURY, THE ATHLETE VISITED THE PHYSICIAN AGAIN AND WAS DIAGNOSED AS HAVING THROMBOPHLEBITIS AND FROSTBITE OF THE FOURTH AND FIFTH TOES.

ULTIMATELY, MUSCLE TISSUE IN THE FOOT HAD TO BE REMOVED AND ONE GANGRENOUS TOE HAD TO BE AMPUTATED. THE ATHLETE SUED THE COLLEGE AND THE STUDENT TRAINER.

WHAT DO YOU THINK THE JURY FOUND? NOT GUILTY!

THE ATHLETE HAD BEEN CONTRIBUTORILY NEGLIGENT IN THE SITUATION AND WAS RESPONSIBLE FOR HIS OWN INJURIES.

WHAT WAS LEARNED? THIS CASE EMPHASIZES THE IMPORTANCE OF CLEAR COMMUNICATION BETWEEN THE PHYSICIAN, ATHLETIC TRAINER AND ATHLETE

ANOTHER EXAMPLE

A STATE UNIVERSITY FOOTBALL PLAYER SUSTAINED AN INJURY TO HIS CERVICAL SPINE AS A RESULT OF AN ALLEGEDLY DEFECTIVE FOOTBALL HELMET SUED NOT ONLY THE MANUFACTURER OF THE HELMET BUT ALSO THE ATHLETIC TRAINER.

IT WAS ALLEGED THAT THE TRAINER FAILED TO WARN THE ATHLETE OF THE DANGERS OF THE HELMET.

THE JURY FOUND IN FAVOR OF THE ATHLETE

POINTS TO KEEP IN MIND! THUS, IT IS POSSIBLE THAT A TRAINER COULD HAVE A DUTY TO WARN AN ATHLETE OF THE INHERENT DANGERS OF EQUIPMENT WHICH THE ATHLETE MAY USE.

IF THE ATHLETIC TRAINER DOES NOT SO WARN THE ATHLETE, AND THE ATHLETE IS INJURED WHILE USING THE EQUIPMENT, THEN THE TRAINER MAY BE NEGLIGENT.

Professional Liability Insurance Protect against damages that may arise from injuries occurring on school property Covers against claims of negligence on part of individuals Because of rise in lawsuits, professionals must be fully protected, particularly in regards to negligence

How do you reduce the risk of litigation as a coach, athletic trainer/allied health professional?

Reducing Risks Preparation for activity  Pre season exams - assess activity areas  Fitness levels - monitor environmental conditions Conduct of activity - maintain equipment - adequate work /rest intervals - proper instructional techniques Injury management - physician supervision - evaluate / treat promptly - supervise AT students Records management - document dr. orders, tx plan, tx. record, patient’s progress

Coach Warn athletes of potential dangers involved in sport Supervise regularly and attentively Prepare and condition athletes Instruct athletes on skills of their respective sports Ensure proper and safe equipment and facilities

Athletic Trainer Work to establish good working relationships with athletes, parents and coworkers Establish policies regarding athletic training facility and coverage Develop emergency action plan Know the medical history of athletes Maintain adequate records

Detailed job description Obtain written consent relative to providing health care Maintain confidentiality Exercise caution with regards to medication distribution and modality use Ensure safe equipment and facilities Follow physician’s orders, particularly when dealing with participation of athlete Purchase liability insurance Know scope of practice Use common sense

BE A SMART & PRUDENT ATHLETIC TRAINER!

Understanding Health Information Privacy." Understanding Health Information Privacy. U.S. Department of Health and Human Services, n.d. Web. 18 Jan 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. HIPAA Privacy Law

Activity In groups of four look further into one of the cases we googled earlier in the lesson. Prepare a 3-4 minute debate with two people on one side of the issue and the other two on the opposite You can either write a script of how the debate will go or present your debate to the class.