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18 Cards in this Set
- Front
- Back
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What is Liability?
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Liability
The state of being legally responsible for the harm one causes another person |
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What is Negligence?
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Negligence
The failure to use ordinary or reasonable care |
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What is the Standard of Care?
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An athletic trainer will act according to the standard of care of an individual with similar educational background or training
An athletic trainer who is well educated in this field and who is certified/licensed must act in accordance with those qualification |
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What are Torts?
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Legal wrongs committed against the person or property of another
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 perform Misfeasance When an individual improperly does something he or she has the legal right to do |
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What are 5 points that are used to establish Negligence?
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Five points to prove negligence
Conduct Act of commission or omission (e.g. improper transportation) Existence of duty A written contract is best way to describe the duty to act Breach of duty The standard of care has been violated Causation The determination that the actions led to damage and to what extent the individual was responsible for the damage caused Damage Where is no damage, there is no negligence |
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What is Sovereign Immunity?
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Sovereign immunity
States neither the government nor any individual who is employed by the government can be held liable for negligence |
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What is the Good Samaritan Law?
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Good Samaritan law
Provides limited protection against legal liability to any person who voluntarily chooses to provide first aid |
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Passinault v. Stoessner
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Passinault sued Head Athletic Trainer Stoessner because he told him to stand by the players bench and he got hit in the eye with a hockey puck..he said that the Head AT did not warn him of the dangers. The AT won case because he had warned him.
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Statute of Limitations for Minors?
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State laws that set the length of time that persons may sue for damages under either negligence or malpractice laws (1 to 3 years)
In most of states, the statute of limitations is tolled for a minor (the time factor is postponed until that person reaches either 18 years. An athlete injured at age 7, can start the statute of limitations at 18 ) |
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What is Informed Consent?
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Informed consent
Spells out the treatment, the possible complications, and the expected duration |
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Searles v. Trustees of St. Joseph’s College
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Searles was diagnosed with patellar tendonitis during his freshman basketball season at St. Joseph’s College in Maine.
Searles continued to play for another season before quitting because of chronic and permanent knee pain. Searles sued his coach, alleging that he insisted that Searles continue playing despite knowing that Searles’ knees were not healthy enough. Searles also sued St Joseph’s head athletic trainer for allegedly failing to advise the coach that Searles should not have been playing because of his knee problems. The athletic trainer testified that he recognized the nature of Searles’ problem, was concerned that continued play would result in greater injury, and that he discussed Searles’ medical problem with the head coach. The head coach testified that the athletic trainer never advised him that Searles could be permanently impaired by continued play and never suggested that he should not play. The head coach also testified that it was the athletic trainer’s decision whether an injured player could play basketball, not the coach’s. The court allowed the negligence lawsuit to go forward against the athletic trainer, both for failure to inform the coach as to the nature and extent of Searles’ injury, as well as his failure to advise Searles that he should not continue to play basketball in light of his knee injuries. |
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What is Medical Insurance?
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Medical Insurance
Insurance company reimburse a percentage of the cost of the policyholder’s medical bills |
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What is Health Insurance?
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More comprehensive, designed to reimburse the cost of preventative as well as corrective medical care
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What is Athletic Accident Insurance?
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Reimburses the cost of athletic accidents only
Intended to supplement a student’s family insurance plan |
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What is professional Liability Insurance?
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All athletic trainers should carry
Covers negligence in a civil case |
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What is Catastrophic Insurance?
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Benefits begins when expenses have reached $25,000 (NCAA)
$10,000 for high school (by NFSHSA) |
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Jarreau v. Orleans Parish School Board
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Athletic trainers should seek medical advice or recommend that an athlete consult a physician as soon as they determine that an injury may be outside of their immediate scope of training and experience.
If an injury cannot be treated through the athletic trainer’s everyday procedures, it should immediately be referred to a physician |
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Key Points of the an AT that will reduce the risk of litigation.
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Good personal relationships
Specific policies and guidelines Written job description Develop, review annually, and follow EAP Be familiar with the health status of the individual Record keeping Understand and work under your limitation Communication with team physician Purchase professional liability insurance Use common sense in making decision |
