5NEGLIGENCEThe FAILURE to use ordinary or reasonable care
6Due Care Common Sense Care Reasonable care an ordinary person with comparable education would use
7TORT Legal Wrong committed against the person or property of another Two Basic Type of Tort ClaimsActs of OmissionActs of Commission
8ACT OF OMISSION The Athletic Trainer FAILS to PERFORM a Legal Duty Don’t DO something YOU SHOULD DO
9ExamplesAn Athletic Trainer fails to refer a seriously injured athlete for the proper medical attentionAn Athletic Trainer fails to know the medical history of an athlete which results in a medical emergencyi.e. Medical allergies, food allergies, drug allergies, medical conditions
10ACT OF COMMISSIONThe Athletic Trainer COMMITS an act that is not LEGALLY his/hers to performDo something you aren’t trained to do
11ExamplesAn Athletic Trainer performs a medical treatment not within his or her legal province and serious medical complications developAn Athletic Trainer administers prescription medication to an athlete without direct instructions from a physician
12Four Basic Elements of Tort Allegations Courts will look for four basic elements in any tort allegation
131) STANDARD OF CAREDid you act REASONABLE when carrying out your everyday activities?
142) BREACH OF DUTY Did you FAIL to exercise reasonable care? Did you violate a law?
153) PROXIMATE CAUSE OF A RESULTING INJURY Did YOUR breach of duty substantially contribute to the injury?Did you FAIL to FORSEE the injury with a particular action?
164) THERE MUST BE INJURYThe Sports Medicine professional has a DUTY to ADHERE to the Recognized Standard of Care of the Profession
17Examples of TortsAn athletic trainer through improper or careless handling of a therapeutic agent, seriously burns an athleteAn Athletic Trainer moves a possibly seriously injured athlete from the field of play to permit competition or practice to continue and does so either in an improper manner or before consulting those qualified to know the proper course of action and injures the athlete.
18Tort ClaimsThe Tort Concept of Negligence is held by the courts, when it is proven that an individual:
19DOES something that a reasonably prudent person would NOT DO FAILS to do something that a reasonably prudent person would do under circumstances similar to those shown by the evidence
20ASSUMPTION OF RISKThe Courts Generally Acknowledge that Hazards ARE PRESENT in sports through the Concept of "Assumption of Risk."
21The individual, either by expressed or implied agreement, assumes the danger and hence relieves the other individual of legal responsibility to protect him or her.The Athlete agrees there are risks
22This in no way exempts those in charge from exercising reasonable care and prudence in the conduct of activities or from foreseeing and taking precautionary measures
23Athletes MUST: Know the Risks Understand the Risks Appreciate the Risks
24NEWSFLASH!!! Minors CAN NOT Waive Their Rights Not able to make a mature judgement
25WARNING OF RISKSAt the Beginning of each season Athletes must be sufficiently warned of the Possible Risks Inherent with that sport.Explain the Rules and the Dangers they may face when using improper and dangerous techniques
26FORESEEABILITY OF RISK ATHLETES HEALTH AND WELFARE #1 PRIORITY
27Regular Checks of Facilities HAZARDOUS CONDITIONSAccurate Records of Injuries and Treatments
33A STUDENT TRAINER FOR A COLLEGE BASKETBALL TEAM INFORMED THE TEAM'S TREATING PHYSICIAN THAT HE HAD BEEN "ICING" THE SPRAINED ANKLE OF A BASKETBALL PLAYER.
34THE PHYSICIAN ASSUMED THAT "ICING" MEANT APPLYING ICE PACKS THE PHYSICIAN ASSUMED THAT "ICING" MEANT APPLYING ICE PACKS. INSTEAD, THE TRAINER HAD USED ICE WATER IMMERSION TREATMENT FOR THE ANKLE.
35THE ATHLETE SLEPT OVERNIGHT WITH THE ANKLE SUBMERGED IN A BUCKET OF ICE WATER AND CONTINUED TO IMMERSE THE FOOT FOR SEVERAL DAYS.
36AFTER DISCOVERING THAT THE BASKETBALL PLAYER WAS STILL USING ICE WATER IMMERSION THREE DAYS LATER, THE TRAINER IMMEDIATELY CALLED THE PHYSICIAN, WHO INSTRUCTED THE TRAINER TO STOP THE ICE WATER TREATMENT.
37SIX DAYS AFTER THE INJURY, THE ATHLETE VISITED THE PHYSICIAN AGAIN AND WAS DIAGNOSED AS HAVING THROMBOPHLEBITIS AND FROSTBITE OF THE FOURTH AND FIFTH TOES.
38ULTIMATELY, MUSCLE TISSUE IN THE FOOT HAD TO BE REMOVED AND ONE GANGRENOUS TOE HAD TO BE AMPUTATED. THE ATHLETE SUED THE COLLEGE AND THE STUDENT TRAINER.
39WHAT DO YOU THINK THE JURY FOUND? NOT GUILTY!WHAT DO YOU THINK THE JURY FOUND?
40THE ATHLETE HAD BEEN CONTRIBUTORILY NEGLIGENT IN THE SITUATION AND WAS RESPONSIBLE FOR HIS OWN INJURIES.
41WHAT WAS LEARNED?THIS CASE EMPHASIZES THE IMPORTANCE OF CLEAR COMMUNICATION BETWEEN THE PHYSICIAN, ATHLETIC TRAINER AND ATHLETE
43A STATE UNIVERSITY FOOTBALL PLAYER SUSTAINED AN INJURY TO HIS CERVICAL SPINE AS A RESULT OF AN ALLEGEDLY DEFECTIVE FOOTBALL HELMET SUED NOT ONLY THE MANUFACTURER OF THE HELMET BUT ALSO THE ATHLETIC TRAINER.
44IT WAS ALLEGED THAT THE TRAINER FAILED TO WARN THE ATHLETE OF THE DANGERS OF THE HELMET.