Standards of Practice & Ethics Legal Liability

Today’s Topics 2 Standards of practice NATA Code of Ethics Liability Tort law Determining negligence Defenses to negligence & liability Scope of practice (regulatory laws)

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Standards of Practice 4 Criteria of performance measurement Direction of physician Uses preventive care Provides immediate care Evaluates prior to treatment Administers txt, rehabilitation & reconditioning programs Collaborates with MD on discontinuation All services documented

NATA Code of Ethics Standards of conduct & integrity 5 1. Respect the rights, welfare & dignity of all individuals 2. Comply with laws & regulations governing practice of ATComply with laws & regulations governing practice of AT 3. Accept responsibility for the exercise of sound judgment 4. Maintain & promote high standards in provision of services 5. Shall not engage in form of conduct that constitutes a conflict of interest or that adversely reflects on the profession

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Liability 7 Definition “…state of being legally responsible for the harm one causes another person..” “…to perform an act in a reasonable and prudent manner..”

Liability 8 Athletic Trainer “duty to prevent further injury/harm to injured party during treatment and rehabilitation”

Liability 9 Institution “duty to provide reasonable medical assistance to injured participants (or spectators) ASAP under the circumstances”

Tort Law 10 Tort: “..civil wrong for which the court will award damages..” 1. Based on the concept of fault 2. Law prohibits careless actions

Tort Law 11 Intentional torts 1. Assault 2. Battery 3. False imprisonment 4. Defamation of character 5. Fraud 6. Invasion of privacy

Tort Law 12 Unintentional torts Negligence 1. Malfeasance 2. Misfeasance 3. Nonfeasance 4. Malpractice

Determining Negligence 13 Does the defendant have a duty to provide care? Was the duty breached? Did injury (harm) result? Did the negligence cause the injury (harm)?

Litigation Actions … 14 Warn of sport risks Treat w/o consent Provide safe facilities Dangerous situations Allowing injured to play Unsafe equipment Immediate referral to MD Moving w/o immobilization Employing unqualified personnel No written emergency plan Recognize injury Keep adequate records

Determining Negligence 15 Supervisors can be found guilty of negligence because of actions of employees 1. Respondent superior or vicarious liability 2. Actions of employees/ failure to supervise 3. Outreach positions

Defenses to Negligence 16 Contributory negligence Comparative negligence Assumption of risk Immunity 1. Sovereign immunity 2. Charitable immunity

Defenses against liability 17 Stay current Ask questions of colleagues & MDs Maintain precise written records 1. Treatments & rehabilitation 2. Professional advice 3. Communications Carry liability insurance

Scope of Practice 18 National certification vs state regulatory laws Category of regulatory laws 1. Licensure: protects practice 2. Certification: met minimum requirements 3. Registration: protects title 4. Exemption

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