1. Legal Concerns Obj: I will compare and contrast legal concepts for liability, negligence, torts, and assumption of risk Obj: I will identify measures that can be taken to minimize litigation

2. What if he died? Who is negligent?

3. What is liability?
Being legally responsible for the harm one causes to another person
One person is held financially responsibly for harming another
Not a criminal act
It is important for athletic trainers to reduce their risk of legal liability for athletic injuries

4. What is negligence? The failure to use ordinary or reasonable care
Concussion resulted in brain injury to football player due to negligence of Baldwin Wallace University, lawsuit claims

5. What is a tort?
A wrong committed against a person as a result of an act or failure to act
No intent to do harm
Negligence is a tort

6. Liability, Negligence, Tort
An Athletic Trainer commits a tort. The tort is negligence. The Athletic trainer is liable for the death of a player.

7. Family files Wrongful Death suit
Agu experienced dizziness, shortness of breath, loss of balance and other signs of extreme fatigue. The lawyer argued that trainers took too long to respond and were not properly trained to care for a player in the sickling process.

8. What is failure to act? A person fails to perform a legal duty
Duty = responsibilities of a person
Job description
Standard of care – determined by the duty

9. What constitutes breach of duty?
Nonfeasance: not fulfilling legal duty
“didn’t do something that you should have done”
Misfeasance: doing something we should be doing, but improperly
“doing a good thing the wrong way”
Example: CPR, AED
Malfeasance: doing something we have no duty or ability to perform
“doing wrong the wrong way”
Read the article:
Former High School Athlete wins $4.4 Million Settlement Against Negligent Athletic Trainers
Was this non-feasance, misfeasance, or malfeasance?

10. When is negligence alleged?
When an individual does something a reasonably person would not do or fails to do something a reasonably person would do under same circumstances.

11. Defenses against negligence:
Assumption of risk: an athlete assumes certain risk of injury (need to consider age, and experience)
Act of god
Example: Lightening strikes and kills someone
Not foreseeable
The accident was not foreseeable
Example: college football player jumps into stands after touchdown and is injured
Watch: Unpredictable behavior by athletes

12. Assumption of risk
The individual, through expressed or implied agreement, assumes that some risk or danger will be involved in the particular undertaking. In other words, a person takes his or her own chances.
Can sign a waiver
Do an act that is known to have risk

13. How does a coach reduce his or her chance of litigation (being sued) ?
Warn athletes of potential dangers inherent in their sport
Supervise regularly and attentively
Properly prepare and condition athletes
Properly instruct athletes in the skills of their sport
Ensure that proper and safe equipment and facilities are used by athletes at all times
Educate parents

14. How does an athletic trainer reduce his or her chance of litigation?
Work to establish good personal relationships with athletes, parents, and coworkers
Establish specific policies and guidelines for operation of an athletic training facility, and maintain qualified and adequate supervision of the training room, its environment, facilities, and equipment at all times
Develop and carefully follow an emergency plan
Become familiar with health status and medical history of the athletes under his or her care so as to be aware of particular problems that could present a need for additional care or caution

15. How does an athletic trainer reduce his or her chance of litigation?
keep factually accurate and timely records that document all injuries and rehabilitation steps, and set up a record retention policy that allows records to be kept and used in defense of litigation that may be brought by athletes.
document efforts to maintain a safe playing environment
have a detailed job description in writing
obtain, from athletes and from parents or guardians when minors are involved, written consent for providing health care

16. How does an athletic trainer reduce his or her chance of litigation?
maintain confidentiality of medical records
exercise extreme caution in the administration, if allowed by law, of non-prescription medications; athletic trainers may not dispense prescription drugs
use only those therapeutic methods that he or she is qualified to use and that the law states may be used
not use or permit the presence of faulty or hazardous equipment
work cooperatively with the coach and the team physician in the selection and use of sports protective equipment, and insist that the best be obtained, properly fitted, and properly maintained

17. How does an athletic trainer reduce his or her chance of litigation?
Not allow injured players to participate unless cleared by the team physician
Develop an understanding with the coaches that an injured player will not be allowed to re-enter competition until, in the opinion of the team physician or the athletic trainer, he or she is psychologically and physically able

18. How does an athletic trainer reduce his or her chance of litigation?
Follow the express orders of the team physician at all times
Purchase professional liability insurance that provides adequate financial coverage and be aware of the limitations of the policy
Know the limitations of his or her expertise as well as the applicable state regulations and restrictions that limit the athletic trainers scope of practice
Use common sense in making decisions about an athlete’s health and safety.

19. What is hipaa?
The health insurance portability and accountability act of 1996
The HIPAA Privacy Rule provides federal protections for individually identifiable health information held by covered entities and their business associates and gives patients an array of rights with respect to that information. At the same time, the Privacy Rule is balanced so that it permits the disclosure of health information needed for patient care and other important purposes. 
The Security Rule specifies a series of administrative, physical, and technical safeguards for covered entities and their business associates to use to assure the confidentiality, integrity, and availability of electronic protected health information. 

20. Who needs to know?
With a partner, decide who needs to know the athlete’s medical condition? Justify why that person does or does not need to know. 1st scenario: Concussion 2nd scenario: What if it was an ACL tear?

21. Negligent or Not?
Step 1:
With a partner, decide if the scenario is negligence or not.
If someone is negligent, decide if it is nonfeasance, misfeasance, or malfeasance.
Step 2:
With your partner:
Create 3 sports examples of nonfeasance
Create 3 sports examples of misfeasance
Create 3 sports examples of malfeasance
Be prepared to share them with the class

22. Group Video and Assessment Quiz
Part 1: Create a video on nonfeasance by an athletic trainer, misfeasance by an athletic trainer, and malfeasance by a coach See Movie Rubric When Finished, Study for Assignment Quiz on Legal Issues Part 2: Take assignment quiz on legal issues

23. Review for exam and Goanimate Movie
Part 1:
Whiteboard game: Review concussions, sudden cardiac arrest, and head/neck injuries
Part 2: (use Assignment Rubric)
Create a toontastic movie showing knowledge on at least one of the following concepts:
3 signs of a concussion, 3 treatment options, 2 prevention strategies
3 signs of sudden cardiac arrest, 4 treatment options, 3 prevention strategies
3 Signs of head/neck/spine injury, 4 treatment options
Incident involving malfeasance and description of why it is malfeasance
Incident involving nonfeasance, 4 ways a coach can reduce litigation
Incident involving misfeasance , 4 ways an athletic trainer can reduce litigation

24. Study for the Test Includes: Concussions Sudden Cardiac Arrest
Head/Neck/Spine Injuries
Sports Medicine Current Events
Legal Issues