1. Legal Issues in Athletic Training
Ms. Bowman

2. Liability
The state of being legally responsible for the harm one causes another

3. Reasonable Care
Standard of reasonable care-assumes that an individual is a person of reasonable and ordinary prudence
Negligence-the failure to use ordinary or reasonable care
To establish negligence must demonstrate 4 things
1. Duty of care-requirement to act toward others with watchfulness, attention, caution, and prudence
2. Conduct of the defendant fell short of that duty of care
3. The defendant caused injury to occur
4. Resultant damages occurred

4. Legal Terminology Tort-legal wrongs committed against a person
Nonfeasance- (act of omission) when an individual fails to perform a legal duty
Malfeasance- (act of commission) when an individual commits an act that is not legally his or hers to perform
Misfeasance- when an individual improperly does something he or she has the legal right to do

5. Negligence A healthcare professional can be sued for negligence when
1-that individual does something a reasonably prudent person would not do
2-fails to do something that a reasonably prudent would do under circumstances similar to those shown by the evidence
Plaintiff must prove that
Individual had a duty to exercise reasonable care
Breached that duty by failing to use reasonable care
There is a reasonable connection between the failure to use reasonable care and the injury suffered by the plaintiff or the individual’s action made the injury worse

6. Obligation to treat
Once the athletic trainer (or other professional) assumes the duty of caring for an athlete, the athletic trainer has made an obligation to make sure that appropriate care is given.
The athletic trainer, or any other person, is not obligated to provide first aid care for an injured person outside their scope of employment.
If they choose to become involved as a caregiver for an injured person, they are expected to provide reasonable care consistent with their level of training.

7. Good Samaritan Law
Provides limited protection against legal liability to any individual who voluntarily chooses to provide first aid, should something go wrong.
Within limits of professional training
Reasonable care in the situation
If you have more professional training, you are expected to provide a higher level of care
Person will be judged in terms of his/her performance

8. Statutes of Limitations
Sets a specific length of time
Varies from state to state
Tends to be 1-3 years
Clock starts either on time negligent act was committed or omitted
In some states, a minor can file a claim up to 3 years after turning 18

9. Assumption of Risk
An athlete assumes the risk of participating in an activity when he or she knows of and understands the dangers of that activity and voluntarily chooses to be exposed to those dangers
Written waiver or implied from the conduct of athlete
Subject to many interpretations, especially in the case of minors. They are not considered able to render a mature judgment about the risks of a situation.

10. Patient Confidentiality
ed.virginia.edu/courses/rad/confidentiality/
html

13. HIPAA
Health Insurance Portability and Accountability Act

14. FERPA
Family Educational Rights and Privacy Act

15. Insurance
Managed care-costs of a health care provider’s medical care are closely monitored and scrutinized by insurance carriers

16. Insurance
General Health Insurance-covers illness, hospitalization, and emergency care; family health insurance coverage; typically provided by employer or person buys own coverage
Accident Insurance-covers accidents; usually for a specific activity such as sports; amount it pays is limited; typically does not cover major injuries that may require surgery

17. Insurance
Catastrophic Insurance-cover injuries that result in lifelong or life-altering disability; begin when expenses have reached $25,000 and are then extended for a lifetime; provides medical, rehabilitation, and transportation costs in excess of $10,000 not covered by the other insurance benefits

18. Insurance
Professional Liability Insurance-to protect against damages that may arise from injuries occurring on school property; covers claims of negligence in a civil case; if a criminal complaint is filed, liability insurance will not cover
Errors and Omissions Liability Insurance-designed to cover school employees, officers, and the district against suits claiming malpractice, wrongful actions, errors and omissions, and acts of negligence

19. Insurance
Third Party Reimbursement-primary mechanism fro payment for medical services in US. Insurance company reimburses health care professionals for services performed.
HMO
PPO
POS
EPO
PHO
TPA
Medicare
Medicaid
Worker Compensation
Indemnity Plans
Capitation