1. Ethical and Legal Considerations
Objectives:
Describe team ethics as they apply to members of the sports medicine team
Understand legal responsibilities associated with athletic training and fitness instruction
List the elements of the Patient’s Bill of Rights and explain their importance in sports medicine
Discuss risk management in an athletic setting

2. Vocabulary Battery Ethics Malpractice Negligence Risk Management
Standard of Care
Tort
Vocabulary

3. All members of the sports medicine team are responsible for their actions and for conducting themselves in a legal and responsible manner.
Negligent torts may result from any of the following:
Malfeasance – when the care provider performs an act that is not his/her responsibility or standard of care
Misfeasance – when the provider commits an act that is his/her responsibility, but uses the wrong procedures
Nonfeasance – when the provider fails to perform his/her legal duty of care
Gross negligence – when the provider has total disregard for the safety of others
Malpractice – when the provider commits a negligent act while delivering care. Professional misconduct that results in injury.

4. The Sports Medicine Team (again)
Team physician – must not allow decisions to be influenced by personal or professional motives, or by undue persuasion of other sports med team members
Athletic Trainer – must keep information private; job is to consider long-term effects of short-term actions
Coach – must emphasize commitment to providing a safe, unbiased, and positive environment; must be honest in the face of competitive interaction
Athlete – must comply with team philosophy and written ethical codes
The Sports Medicine Team (again)

5. The Sports Medicine Team (again)
Parent/Guardian – must not dispute the coaching staff in front of athletes and refrain from insulting or getting physical with other parents, coaches, officials, or participants; must also instill proper values in their children that support the team philosophy
Administration – must know and adhere to state laws and policies/procedures of its athletic conference; language, attitudes, and behaviors expected of athletes should be adhered to by administrative staff
The Sports Medicine Team (again)

6. NATA
Code of Ethics

7. Guidelines will include:
There is usually a pre-written set of guidelines depending on the setting to ensure that all parties are following the same rules and principles.
Guidelines will include:
Code of Ethics
Athletic Regulations
Eligibility requirements
Travel regulations
Dismissal from a team
Outside competition

8. Playing by the rules
Unfortunately, not everyone follows the rules. As a member of the sports medicine team, “looking the other way” is unacceptable.
Breaches of conduct should be dealt with quickly, decisively and effectively.
This doesn’t only refer to an athlete breaking rules; it applies to all members of the sports medicine team
“Illegal” actions of any member of the team can result in penalties or consequences placed on the athlete, the team, the school, and/or the organization
This includes hazing or initiation rituals

9. Legal Responsibilities of the Athletic Trainer
We all know the responsibility of the athletic trainer is to care for the athlete’s injuries
Frequent cases of similar injuries can result in litigation
If it is determined that someone is liable for an injury, damages can then be awarded to the injured person.
Legal Responsibilities of the Athletic Trainer
Litigation – a lawsuit to determine legal responsibility for loss or damage that occurs as a result of a person’s action or inaction

10. Types of Malpractice
Act of Omission – failure to perform a legal duty…i.e., failing to provide water for a practice period
Act of Commission – an action that is performed illegally…i.e., relocating a shoulder dislocation without medical license to do so

11. Claims of Negligence Majority of sports medicine lawsuits
In order to claim negligence, a person’s action or inaction must create an unreasonable risk or harm to others
Actions in this type of lawsuit are compared with actions of others with similar responsibilities and training.
Best way to prevent negligence? Avoid issues of “Failure to Warn.”
Failing to inform participants of the risks associated with the activity

12. Here’s a list for you…
Legal Responsibilities of the Sports Medicine Team overall:
Knowledge of assessment and management of injuries
Providing and maintaining safe and effective equipment and facilities
Instructing the athlete/client in safety procedures/methods to prevent injury
Planning an appropriate response for medical emergencies
Taking reasonable steps to provide medical assistance when required
Preventing the athlete or client from returning to participation if there is risk of aggravating the injury
Maintaining confidential medical records

13. S. A. F. E. Supervision from locker room to practice field
Aid the athletes when needed (all the ATC’s main responsibilities fit here)
Facilities must be checked daily for possible hazards
Equipment within facilities must be checked daily…this could include any equipment from a pitching machine to an ultrasound machine

14. Patients have rights too, ya know…
“Patient’s Bill of Rights”
Most important to demonstrate respect for patients
Empathizing with patient can help instill confidence for recovery
Here comes that confidentiality thing again… patients have rights to keep medical information confidential
Athletes can talk to each other about their injuries, but if an athletic trainer is involved in the conversation, discretion and common sense should be used.

15. Risk Management in Sports
What is it? The control of factors
that produce some type of risk.
Involves injury prevention and education
of both general and emergency
procedures, and appropriate behaviors
Why are lawsuits filed?
Inadequate supervision of athlete/client
Inadequate training of athlete/client
Improper or inadequate treatment by medical professional
Faulty equipment or facilities
Sexual harassment, discrimination, or other inappropriate behaviors by sports medicine team members

16. 2 Types of Risk
Primary – risk to the athlete or client of physical, mental, or emotional injury
Secondary – risk to the staff or organization of liability for the injury
So what’s at risk besides the money?
reduced social standing, damaged professional reputation, potential loss of certification or licensure