1. Sports Medicine
Legal Liability
4/26/2018

2. Bellwork
A student-athlete suffered a severe spinal cord injury during a football game. The injury occurred when the athlete lowered his head and tackled an opponent . The athlete’s parents are suing the coach, the athletic trainer, school officials and the school district.
Does the injured athlete and his family have any justification for a lawsuit? Why or why not?
4/26/2018
Property of CTE Joint Venture

3. Objectives Define legal terms associated with lawsuits
Explain the four components of a lawsuit
4/26/2018
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4. Terminology #1 Liability something that someone is responsible
for, or something that increases the
chance of something occurring (i.e. it is a
cause).
Negligence (Guilty of being liable)
failure to act as a reasonably prudent person would
Gross negligence
a step beyond negligence; failure to provide minimal care
4/26/2018
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5. Defenses Against Negligence
Assumption of Risk - an athlete assumes certain risk of injury (need to consider age, and experience)
Act of God

6. Negligence? Or Gross Negligence?
The athletic trainer notices a puddle of water on the gym floor but does not wipe it up. An athlete slips on the water and is injured.
1. Hand signals:
thumbs up or thumbs down to indicate agreement or disagreement
use fingers to indicate a number selection such as “Which is the correct solution one, two or three?”
teacher gives feedback to the students
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7. Negligence? Thumbs up Gross negligence? Thumbs down
Athletic trainer evaluates an injury and tells the athlete it is a mild ankle sprain; no ice, crutches or referral is given. The athlete goes to Urgent Care and is diagnosed with a fracture.
1. Hand signals:
thumbs up or thumbs down to indicate agreement or disagreement
use fingers to indicate a number selection such as “Which is the correct solution one, two or three?”
teacher gives feedback to the students
PROPERTY OF PIMA COUNTY JTED, 2010 7

8. Negligence? Thumbs up Gross negligence? Thumbs down
Athletic trainer fails to buy new batteries for the AED. It does not turn on during a cardiac emergency so the AT calls 911.
1. Hand signals:
thumbs up or thumbs down to indicate agreement or disagreement
use fingers to indicate a number selection such as “Which is the correct solution one, two or three?”
teacher gives feedback to the students
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9. Terminology #2 Assumption of risk Permission to treat
an individual may be injured as a result of participating in sports
Permission to treat
consent obtained from athlete or parent before a medical procedure is performed
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10. Informed Consent
Implies that an athlete or his/her parents must be informed of the risks inherent in a particular sport before they voluntarily assume the risk of participation.
Remember that guardians/parents cannot waive a minors rights. A minor can reinstate his/her right when turning 18.

11. PROPERTY OF PIMA COUNTY JTED, 2010
A reasonable assumption of risk for a wrestler would be: (hold up fingers)
1. Cauliflower ear 2. Elbow dislocation 3. ACL sprain 4. Femur fracture
1. Hand signals:
thumbs up or thumbs down to indicate agreement or disagreement
use fingers to indicate a number selection such as “Which is the correct solution one, two or three?”
teacher gives feedback to the students
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12. PROPERTY OF PIMA COUNTY JTED, 2010
An unreasonable assumption of risk for a tennis player would be: (hold up fingers)
1. Tennis elbow
2. Ankle sprain
3. Concussion
4. Wrist tendinitis
1. Hand signals:
thumbs up or thumbs down to indicate agreement or disagreement
use fingers to indicate a number selection such as “Which is the correct solution one, two or three?”
teacher gives feedback to the students
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13. PROPERTY OF PIMA COUNTY JTED, 2010
Think-Pair-Share
One partner explains in his/her own words what permission to treat means. The other partner gives an example.
3. Think-pair-share
teacher presents a question
teacher gives wait time for student to form answer
teacher instructs students to share their answer with a partner
teacher calls on non-volunteers to share with the class
PROPERTY OF PIMA COUNTY JTED, 2010

14. Terminology #3
First need to know what is the athletic trainers DUTY to the athlete
Duty is the legally defined responsibilities of an athletic trainer
To do what a reasonable an careful person (athletic trainer) would do under the same or similar circumstances “reasonably prudent man theory”

15. Terminology #3 cont. Proximate cause Breach of duty
a direct connection between an individual’s actions and an injury to a second person
Breach of duty
failure to perform one’s job
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16. Components of a Lawsuit
1. Duty 2. Breach of Duty 3. Actual Injury 4. Proximate Cause
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17. Part of being prepared and avoiding liability is having an emergency care procedure in place and following that procedure.

18. How to BEST Avoid a Lawsuit
“Do the right thing right all the time!!”
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19. Bellwork Scenario
A student-athlete suffered a severe spinal cord injury during a football game. The injury occurred when the athlete lowered his head and tackled an opponent . The athlete’s parents are suing the coach, the athletic trainer, school officials and the school district.
4/26/2018
Property of CTE Joint Venture

20. PROPERTY OF PIMA COUNTY JTED, 2010
Predict
Identify the 4 components in the bellwork scenario to predict the outcome of the lawsuit. Be prepared to share your answers with the class
15. Predict
teacher groups students
teacher reads a scenario
teacher asks the groups to predict the outcome
teacher has the individual student respond or may have the group designate a scribe to write their group’s response
teacher has groups share while the other groups compare/contrast their responses or teacher collects the writings 20
PROPERTY OF PIMA COUNTY JTED, 2010

21. Lawsuit Components
Duty? Yes, the coach & athletic trainer have a duty to teach/correct tackling techniques
Breach of duty? Did tackling techniques get taught/corrected?
Actual injury? Yes, spinal cord injury
Proximate cause? Did failure to teach/correct tackling techniques lead to the player’s injury?
4/26/2018
Property of CTE Joint Venture

22. PROPERTY OF PIMA COUNTY JTED, 2010
Write on your paper
Describe an injury scenario that might result in a lawsuit. Be sure to include all 4 components of a lawsuit in the scenario.
2. Whiteboards/Slates
student writes answer or solution to a question posed by the teacher
teacher solicits all students to show at the same time
teacher gives feedback to the students
PROPERTY OF PIMA COUNTY JTED, 2010