1. Legal and Ethical Issues Sports Med 1 Unit 3

2. Legal concerns in athletics Why should you care about the legal side of it? In recent years we have seen an increase in the number of negligence lawsuits against AT’s, coaches and schools Most of you want to go into healthcare… and its important to know what to do to cover your butt!

3. Liability Means being legally responsible for the harm one causes another person AT’s must make sure to follow proper protocol and procedures to reduce the risk of being sued by an athlete

4. Liability What could an athletic trainer be held liable for?

5. Product Liability Manufacturers of athletic equipment have a duty to design and produce equipment that will not cause injury as long as it is used as intended A warranty is the company’s guarantee that the product is safe

6. Product Liability Warning labels placed on football helmets inform the player of the possible dangers associated with using the product ▫Many schools require players to sign a form stating they understand these warnings NOCSAE is the organization that establishes minimum standards for equipment that must be met to insure safety

7. Preventing Liability How do we prevent liability? ▫Warning athletes of potential dangers inherent in sport ▫Supervise constantly and attentively ▫Properly prepare and condition athletes ▫Ensure proper and safe equipment/facilities ▫Establish specific policies ▫Keep accurate records ▫Detailed job descriptions ▫Obtain written consent

8. Maintain confidentiality Don’t dispense prescription medications Use only the therapeutic modalities that you are trained to use Don’t use faulty equipment Don’t allow untrained persons to do therapies Work cooperatively with physicians Don’t permit injured athletes to participate without written consent from a physician Purchase liability insurance Document everything!!

9. Field Trip!! In groups of 2-3 your task is to search the school for potential liabilities. You’re looking for anything that might potentially be a source for damage or injury to students or staff. You have 15 minutes do to this… which means you need to be back in the room at 9:35

10. Non-compliance What should you do if a patient fails to receive treatment or goes against your medical advice? What if an athlete participates in athletic activities even though they have not been medically cleared to do so by a doctor or athletic trainer? DOCUMENT EVERYTHING!!

11. Consent Express consent ▫Given orally or in writing ▫Includes informed consent Implied consent ▫Not given orally or in writing but understood from the circumstances surrounding the procedure or treatment at issue

12. Consent While the issue of consent is not as critical in AT as it is in other health care areas, it is still necessary to get consent to treat patients before you start caring for them, or before you send a student-athlete (under 18) to a doctor for medical care

13. Torts Torts are legal wrongs committed against the person or property of another These acts may emanate from one of the following: ▫Acts of Omission – failure to perform a legal duty ▫Acts of Commission – committing an act that is not legally his or hers to perform

14. Negligence Failure to use ordinary and reasonable care Alleged when the individual ▫Does something that a reasonable person would NOT do or… ▫Fails to do something that a reasonable person would do under similar circumstances

15. When someone is sued for negligence the actions of a hypothetical, reasonably prudent, person will be compared to the actions of the person being accused of negligence to determine if their actions were reasonable

16. Negligence In order to win the lawsuit, the athlete must prove the following: ▫AT had a duty to act and exercise reasonable care ▫AT breached that duty by failing to use reasonable care ▫There was a direct connection between the failure to use reasonable care and the injury that was suffered of that the AT’s actions, or lack there of ▫They suffered damages as a result ▫There was proximate cause  Primary cause of injury

17. Statute of limitations Sets a specific length of time that individuals may sue for damages Typically 1 – 3 years In some states, minors are allowed to file a suit up to 3 years after they turn 18

18. Negligence Most common example? ▫Athlete is removed from field or court in order to allow play to continue without properly evaluating the injury

19. Assumption of risk An athlete assumes the risk of participating in an activity when he/she knows of and understands the dangers of that activity and voluntarily chooses to be exposed to those dangers Can be expressed in a written waiver signed by athlete or parents or implied in conduct

20. Assumption of risk May be used by AT as a defense to lawsuit However, the AT must prove the athlete did assume this risk by producing signed document ▫Therefore proving the athlete knew about, understood, and voluntarily accepted the risk associated with the activity

21. Assumption of risk Subject to many interpretations in court ▫Especially when it involves minor Caution must always be used when relying on waivers and releases of liability for minors

22. Code of Ethics Put forth by NATA States the principles of ethical behavior that should be followed in the practice of athletic training Intended to maintain high standards and professionalism for ATs

23. Principle 1 Members shall respect the rights, welfare and dignity of all. ▫No discrimination against legal protected class ▫Provide competent care consistent with both requirements & limitations of their profession ▫Confidentiality of privileged information

24. Principle 2 Members shall comply with the laws and regulations governing the practice of athletic training ▫Comply with national, state, local and institutional guidelines ▫Familiar with NATA standards ▫Report illegal/unethical practices in AT ▫Avoid substance abuse/seek rehabilitation help

25. Principle 3 Members accept responsibility for use of sound judgement ▫Cannot misrepresent skills, training, professional credentials, identity or services ▫Only give services they are qualified to provide ▫Provide services, make referrals, and seek compensation only for those necessary services

26. Principle 4 Maintain and promote high standards in provision of services ▫Continuing education to enhance skills ▫Evaluate performance of staff members, students ▫Educate regarding code of ethics ▫Encourage research and educational activities ▫Maintain and promote ethical conduct

27. Conflicting sides What happens if there is a conflict between the code of ethics and the law? The law wins!!

28. HIPAA What is it? ▫A law to protect the privacy of your health records ▫PHI = personal health information ▫Limits who can see your info

29. FERPA Protects the privacy of student education records Enacted in 1974 Only applies to institutions which are receiving money from the government

30. Gives parents the right to ▫Inspect and review education records ▫Request that anything which is incorrect be changed ▫Must have written release from parents to release records Why is this important?