1. Legal Liability/Responsibility Of an Athletic Trainer

2. What is an Athletic Trainer?
Defined by NATA
Certified athletic trainers (ATCs) are unique health care providers who specialize in the prevention, assessment, treatment and rehabilitation of injuries and illnesses that occur to athletes and the physically active.

3. AT DOMAINS Six practice domains of athletic training: Prevention
Clinical Evaluation and Diagnosis
Immediate Care
Treatment, Rehabilitation and Reconditioning
Organization and Administration
Professional Responsibility

4. What Defines a DUTY? Job Description Standard of Care Contract
Athletic Trainer Domains

5. Legal considerations for the athletic trainer
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 and careful person (athletic trainer) would do under the same or similar circumstances “reasonably prudent man theory”

6. Breach of Duty
Nonfeasance - not fulfilling legal duty “don’t do something you should have done”
Misfeasance - Doing something we should be doing, but improperly
Malfeasance - Doing something we have no duty to perform

7. Breach of Duty- Other Factors
Morality
Economic good of the group
Practical administration of the law
Fact pattern of the case

8. Standard of Care
What is the standard of care an athletic trainer has to uphold?
Standard of care is determined by what the individuals duty is.
For example - a coach managing a serious head injury would not be held to as high a standard of care as an athletic trainer or EMT.

9. Legal considerations for the athletic trainer
Liability : Appropriate actions for particular situations
Must perform in a reasonable manner or liable
Must not fail to perform or liable

10. Definitions of Liability
Negligence - Guilty of being liable
Contributory Negligent - the degree to which the injured athlete is determined to have contributed to his/her own injury.
Comparative Negligence - similar to contributory but compared the relative negligence not the part of the defendant

11. Definitions of Liability
Tort - What a trainer is legally charged with
Omission - don't carry out legal duty
Commission - commit act not legally able to perform

12. Defenses Against Negligence
Assumption of Risk - an athlete assumes certain risk of injury (need to consider age, and experience)
Act of God
Contributory and Comparative negligence
Foreseeability – The responsibility to anticipate possible harm and act before harm occurs. “Could the injury have been prevented?/”

13. Legal Issues - 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.

14. Legal Issues - Shared Responsibility
Acknowledges the impracticality of coaches and other athletic personnel being responsible for the prevention of all injuries that occurring sports. Consequently, the athlete is asked to share in this responsibility.

15. Legal Issues - Transportation
Guest Statue - no person riding in an auto as a guest has any right of action against the driver or any person liable if:
willingly volunteered (remember minors cannot volunteer)

16. What is the athletic trainer legally liable for?
Legally liable to give the athlete the best equipment whether JV or sub-athlete.
Nutritional aspects of team - Can't watch what eat but need to supply them with information and recognize eating disorders
Supervise the play and practice areas: make sure they are safe, control the environment (move objects, suggest take practice inside due to lightning or heat/cold)

17. Specific responsibilities to the Training Program
Obtain readily available medical records
Conduct pre play physical exam and maintain accurate emergency information. Simply because an athlete can't assume healthy.
Work closely with parents and coaches keep communication open.

18. Specific Responsibilities to Athlete
Make sure athlete knows how to condition
Between onset of practice and competition make sure the athlete is prepared. Gear etc..
W/out any hesitation must remove athlete from activity if impaired.
Responsible for athlete in the environment.

19. Specific Responsibilities to Athlete
Must have ability to evaluate and analyze the injury and athletes status.
Give proper fitting equipment
Athlete must have qualified medical care in practice and competition, if beyond your scope need Physician etc. Don't need to know everything have support group.

20. How does the Athletic trainer Protect Themselves.
Keep Accurate records
PPE for traditional settings
Have the health history of the athlete current and accessible in case of emergency
Provide utmost care to all individuals

21. How does the Athletic trainer Protect Themselves.
Make sure the area you are responsible for is properly supervised, students equipment, safe.
Don't give out medicine that is for the physician, may not want to give out aspirin or Tylenol prior the comp/practice if get injured may mask symptoms.
If dispense over the counter drugs keep accurate record of how many and who.

22. How does the Athletic trainer Protect Themselves.
Use only ability capable of using - don't act outside capabilities
Don't use faulty equipment
Don't return injured player till Dr. cleared
Never use pain killing drugs that allow athlete to participate.
Follow orders of the physician
Communicate clearly with Dr.. Coaches Athletes, parents etc.

23. Part of Being prepared and avoiding liability is having an emergency care procedure

24. ETHICAL CONSIDERATIONS
PREAMBLE The Code of Ethics of the National Athletic Trainers' Association has been written to make the membership aware of the principles of ethical behavior that should be followed in the practice of athletic training. The primary goal of the Code is the assurance of high quality health care. The Code presents aspirational standards of behavior that all members should strive to achieve.

25. Licensure

26. Licensure & Certification
Licensure: Licensure is MANDATORY. Legal means for ensuring minimum levels of education and competence. The state decides those minimum levels and determines that only persons meeting those standards may hold themselves as practitioners.
State may sanction a person for violating the state’s standards
State can warn citizens that only licensed individuals may practice and publicly announce those individuals