1. Objective 3: Explain legal issues and legal terminology.
Risk Management
Objective 3: Explain legal issues and legal terminology.
Injury is damage to the body that restricts activity and/or causes disability.
Those who participate in sports and other physical activities, risk sustaining an injury.
Sports Medicine professionals should try to minimize the risk of injury as much as possible.

2. Risk Management: Types of Sports
COLLISION
Athletes use their body to deter or punish opponents. (Intent of the sport.)
Risk of injury relatively high.
Ice Hockey
Football
Rugby

3. Risk Management: Types of Sports
CONTACT
Contact occurs, but is not the intent of the sport and discouraged by rules.
Traumatic and overuse injuries are common.
Basketball
Baseball
Field Hockey
Lacrosse
Rodeo
Soccer
Softball
Water Polo
Wrestling

4. Risk Management: Types of Sports
NON-CONTACT
Sports where players are separated such that contact is unlikely without violation.
Acute, traumatic injuries still occur, but the incidence of chronic, overuse related injury is greater.
Archery
Badmiton
Bowling
Crew/rowing
Cross country running
Curling
Fencing
Golf
Gymnastics
Skiing/Snowboarding
Squash
Swimming
Diving
Tennis
Track & Field
Volleyball

5. Legal Terminology Assumption of Risk
It is assumed that an individual who participates in an activity and is injured as a result of the ordinary risk associated at the activity will not have grounds for negligence.

6. Legal Terminology
Battery
Touching someone without their permission.

7. Legal Terminology Commission & Omission
Doing something (commission) or failing to do something (omission) that a reasonable person would or would not do under similar circumstances.

8. Legal Terminology Failure to Warn
Failing to inform a participant of potential risks and dangers. When dealing with minors, failing to warn parents or obtaining consent.

9. Legal Terminology HIPAA
Health Insurance Portability and Accountability Act
Law that mandated four main areas of change for business in the health care industry.
Privacy of health information
Standards for electronic transactions of health information and claims.
Security of electronic health information.
National identifiers for providers.

10. Legal Terminology Informed Consent
Being informed of all procedures and the potential risks and benefits of each.

11. Legal Terminology Liability
The legal responsibility to act in a reasonable and prudent manner. Failure to perform in such a manner makes you legally liable.

12. Legal Terminology Malpractice
When an individual commits a negligent act while providing care.

13. Legal Terminology Negligence
Failure to use ordinary or reasonable care. In order to prove, four basic elements must be shown:
Duty of care – an individual has the responsibility to provide care.
Breach of duty – conduct of provider falls short of that duty. Usually commission or omission.
Injury or damage – results of the breach of duty.
Proximate cause – the injury or damage directly related to the breach of duty.

14. Legal Terminology Standard of Care
Provides reasonable and prudent care expected as compared to someone with similar education and experience.

15. Risk????
In your row, (group of 3-4) Take out a piece of paper and write all your names at the top.
Think of and write down 5 strategies that can be used to reduce risk in an athletic training setting?

16. Ethical Conduct and Associated Issues
Clinician Risk Reduction
Be familiar with medical histories of athletes, clients, or patients.
Carry liability insurance.
Be informed and current in changes in the standard of care through continuing education.

17. Ethical Conduct and Associated Issues
Clinician Risk Reduction (con’t)
Demonstrate appropriate documentation.
Implement a comprehensive record-keeping system.
Critical in litigation, as well as with communication between members of sports medicine team.
Pre-participation exams, insurance forms, personal data, rehab programs, progress charts, etc.
In a legal situation, “if it wasn’t written down, it didn’t happen”!
Injury reporting forms and injury tracking software are available online.

18. Ethical Conduct and Associated Issues
Clinician Risk Reduction (con’t)
SOAP Format – a medical documentation method
S = Subjective: Information that the patient reports.
O= Objective: Information that can be measured and expressed in a standard format.
A= Assessment: What decisions are made with the information gathered.
P = Plan: Course of treatment to be carried out.

19. Ethical Conduct and Associated Issues
Clinician Risk Reduction (con’t)
Follow physician’s orders and recommendations.
Have an Emergency Action Plan:
Develop separate EAP for each field, gym, court, etc.
Include policies for removal of protective equipment.
Emergency communication needed.
Have keys to doors, gates or padlocks easily accessible.
Hold an annual meeting with all involved to review EAP.
Carry contact information for athletes and coaches at all times.

20. Ethical Conduct and Associated Issues
Clinician Risk Reduction (con’t)
Always stay within your scope of practice.
Maintain qualified and adequate supervision of facilities, employees, and equipment.
Maintain good rapport with athletes, parents, coaches, physicians, clients and colleagues. (Sports Medicine Team)

21. Ethical Conduct and Associated Issues
Sports medicine professionals must act at all times with the highest standards of conduct and integrity.
Ethics can be defined as a system of moral principles or standards governing conduct and knowledge of right and wrong.

22. End
Ethics is next

23. Ethical Conduct and Associated Issues
Americans with Disabilities Act (ADA)
Federal legislation that opens up services, facilities, and opportunities to people with disabilities.

24. Ethical Conduct and Associated Issues
Fair Play and Sportsmanship
Many people believe fair play and sportsmanship to be the “golden rule” of the sports world.
Some ethical issues related to fair play/sportsmanship include:
Cheating
Performance Enhancing Drugs
Drug Testing

25. Ethical Conduct and Associated Issues: Fair Play and Sportsmanship
Cheating
Manifests itself in several ways in the world of athletics.
Is victory due to training and talent, or cheating?
The pressure of failing is too much to deal with. No one wants to be a failure.

26. Ethical Conduct and Associated Issues: Fair Play and Sportsmanship
Performance Enhancing Drugs
Substances used for the express purpose to perform better athletically.

27. Ethical Conduct and Associated Issues: Fair Play and Sportsmanship
Drug Testing
A common tool used to try to deter the use of performance enhancing drugs.

28. Ethical Conduct and Associated Issues
Scope of Practice
Each career area has guideline regarding what you can and cannot do. Make sure you are staying within the boundaries of your training and complying with local and federal laws.

29. Ethical Conduct and Associated Issues
Title IX - Gender Equity
An addition to the 14th Amendment in No person shall be excluded on the basis of gender or be denied the benefit of any education program or activity receiving Federal financial assistance.

30. Ethical Conduct and Associated Issues
Winning At All Costs
Our cultural traditions value winning, and why not since it is part of the reason sports exist. 
What we fail to teach our children, students, athletes, and society in general is that the honest pursuit of anything carries with it the responsibility to do it right.