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© 2006 McGraw-Hill Higher Education. All rights reserved. Athletic Training Management Chapter 8 Risk Management.

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1 © 2006 McGraw-Hill Higher Education. All rights reserved. Athletic Training Management Chapter 8 Risk Management

2 © 2006 McGraw-Hill Higher Education. All rights reserved. Risk Management A risk is an exposure to the chance of injury or financial loss A risk is an exposure to the chance of injury or financial loss Damage awards can be based on permitting injured or unfit persons to play; failing to employ competent personnel; failing to provide competent training, instructions, or supervision; and negligently moving an injured player Damage awards can be based on permitting injured or unfit persons to play; failing to employ competent personnel; failing to provide competent training, instructions, or supervision; and negligently moving an injured player

3 © 2006 McGraw-Hill Higher Education. All rights reserved. Risk Management Risk management can be thought of as the achievement of two interrelated tasks Risk management can be thought of as the achievement of two interrelated tasks The first task is to recognize primary risks and take all reasonable steps to eliminate or reduce them The first task is to recognize primary risks and take all reasonable steps to eliminate or reduce them Since not all risks can be eliminated, establishing the defense of suits that are filed is the second task Since not all risks can be eliminated, establishing the defense of suits that are filed is the second task There are three ways to decrease risk There are three ways to decrease risk First is to eliminate the risk by eliminating the conditions that cause the risk First is to eliminate the risk by eliminating the conditions that cause the risk not possible not possible

4 © 2006 McGraw-Hill Higher Education. All rights reserved. Risk Management Giving required medical care opens the provider up to a variety of injury-causing situations Giving required medical care opens the provider up to a variety of injury-causing situations Second is to share the risk with others, which is the basis for liability or malpractice insurance, and which can be very expensive if there is no active plan to reduce risk exposure Second is to share the risk with others, which is the basis for liability or malpractice insurance, and which can be very expensive if there is no active plan to reduce risk exposure Third is to reduce the risk by looking at all aspects of the activity Third is to reduce the risk by looking at all aspects of the activity

5 © 2006 McGraw-Hill Higher Education. All rights reserved. Risk Management To establish duty to act courts look to national norms established in state practice acts. To establish duty to act courts look to national norms established in state practice acts. Athletic training has little uniformity state to state Athletic training has little uniformity state to state Athletic training is not credentialed in all 50 states Athletic training is not credentialed in all 50 states Courts therefore have broad authority to define duty and breach of duty Courts therefore have broad authority to define duty and breach of duty

6 © 2006 McGraw-Hill Higher Education. All rights reserved. Risk Management Is an athletic trainer, when under the direct supervision of a licensed physician, able to perform all procedures for which the athletic trainer has had course work and clinical experience? Is an athletic trainer, when under the direct supervision of a licensed physician, able to perform all procedures for which the athletic trainer has had course work and clinical experience? This is clearly the case in many clinical settings This is clearly the case in many clinical settings Standard first aid also teaches recognition of medical conditions such as hyperthermia, hypothermia, and diabetic coma Standard first aid also teaches recognition of medical conditions such as hyperthermia, hypothermia, and diabetic coma

7 © 2006 McGraw-Hill Higher Education. All rights reserved. Risk Management In states with licensure, courts have a conceptualization of the profession of athletic training In states with licensure, courts have a conceptualization of the profession of athletic training However, in those states without credentialing, the professional associations documentation standards may have a major influence However, in those states without credentialing, the professional associations documentation standards may have a major influence With the NATA Education Council publication, Athletic Training Educational Competencies, 4 th ed., and the BOC Role Delineation Study, 4 th ed., the courts have documentation for establishing standards that include, separate domains in pathology of injuries and illnesses, orthopedics, medical conditions, acute care, and pharmacology, among others With the NATA Education Council publication, Athletic Training Educational Competencies, 4 th ed., and the BOC Role Delineation Study, 4 th ed., the courts have documentation for establishing standards that include, separate domains in pathology of injuries and illnesses, orthopedics, medical conditions, acute care, and pharmacology, among others

8 © 2006 McGraw-Hill Higher Education. All rights reserved. Risk Reduction Prevention of injury Prevention of injury Preparticipation physical examinations (see Ch 15) Preparticipation physical examinations (see Ch 15) Assessing the level of fitness necessary to conduct the activity Assessing the level of fitness necessary to conduct the activity Assessing practice and competition venue conditions for dangerous playing conditions, lack of space, environmental hazards such as extremes of heat and humidity, and lack of water availability Assessing practice and competition venue conditions for dangerous playing conditions, lack of space, environmental hazards such as extremes of heat and humidity, and lack of water availability

9 © 2006 McGraw-Hill Higher Education. All rights reserved. Risk Reduction Conduct of the activity Conduct of the activity Is the equipment adequate for the level of play? Is the equipment adequate for the level of play? Is it safe, undamaged, and the best that can be obtained for the available money? Is it safe, undamaged, and the best that can be obtained for the available money? If it is unsafe, but money dictates that no new equipment can be purchased, perhaps the activity should be suspended or eliminated If it is unsafe, but money dictates that no new equipment can be purchased, perhaps the activity should be suspended or eliminated How the coaches present the techniques and attention to the rules is important How the coaches present the techniques and attention to the rules is important There are court cases from teaching improper techniques such as spearing in football causing catastrophic injury There are court cases from teaching improper techniques such as spearing in football causing catastrophic injury

10 © 2006 McGraw-Hill Higher Education. All rights reserved. Risk Reduction Coaching methods also involve the length of work intervals, timing of rest intervals, and the timing of water breaks Coaching methods also involve the length of work intervals, timing of rest intervals, and the timing of water breaks When there is an injury there must be a clear demarcation of who is responsible for deciding questions such as return to play When there is an injury there must be a clear demarcation of who is responsible for deciding questions such as return to play Physicians are not always present Physicians are not always present Coaches must understand that athletic trainers are the physicians representative who will make decisions based on what is best for the athlete, not the team Coaches must understand that athletic trainers are the physicians representative who will make decisions based on what is best for the athlete, not the team It is best to have this understanding in writing before practice/play begins It is best to have this understanding in writing before practice/play begins

11 © 2006 McGraw-Hill Higher Education. All rights reserved. Risk Reduction Treatment of injuries Treatment of injuries Proper evaluation by the athletic trainer, documented in full and transmitted to the physician in charge is crucial Proper evaluation by the athletic trainer, documented in full and transmitted to the physician in charge is crucial Emergency first aid equipment and supplies must be adequate Emergency first aid equipment and supplies must be adequate Therapy and rehab equipment must be in good working order Therapy and rehab equipment must be in good working order Proper referral procedures must be followed Proper referral procedures must be followed

12 © 2006 McGraw-Hill Higher Education. All rights reserved. Risk Reduction Direct supervision of the athletic training staff by licensed physician is critical Direct supervision of the athletic training staff by licensed physician is critical Physicians should be under contract (whether paid or volunteer) delineating responsibilities Physicians should be under contract (whether paid or volunteer) delineating responsibilities Adequate professional staff to supervise the clinical instruction of athletic training students while providing patient care Adequate professional staff to supervise the clinical instruction of athletic training students while providing patient care Improper actions of students may expose the staff to vicarious liability Improper actions of students may expose the staff to vicarious liability In summer, environment precautions must be observed In summer, environment precautions must be observed

13 © 2006 McGraw-Hill Higher Education. All rights reserved. Risk Reduction Record keeping (see chapter 10) Record keeping (see chapter 10) Written records are the best way to document that duty has been met Written records are the best way to document that duty has been met Most important information on an injury evaluation includes: Most important information on an injury evaluation includes: Physicians orders Physicians orders Treatment plan Treatment plan Treatment record Treatment record Progress reports Progress reports

14 © 2006 McGraw-Hill Higher Education. All rights reserved. Basic Defenses to Negligence Contributory negligence arises when the plaintiffs own negligence contributed to the proximate cause of the injury Contributory negligence arises when the plaintiffs own negligence contributed to the proximate cause of the injury In this situation the plaintiff is barred from recovery of damages In this situation the plaintiff is barred from recovery of damages The plaintiff has the duty to protect himself or herself from being injured The plaintiff has the duty to protect himself or herself from being injured When Bob, a scholarship football player in season, suffered a first-degree ankle sprain at the student recreation center on Thursday evening playing basketball, and then sprained the ankle again during a game due to the negligent action of sideline personnel, there is a question of contributory negligence When Bob, a scholarship football player in season, suffered a first-degree ankle sprain at the student recreation center on Thursday evening playing basketball, and then sprained the ankle again during a game due to the negligent action of sideline personnel, there is a question of contributory negligence This is not to be confused with failure to mitigate damages, which generally occurs after the fact, while contributory negligence generally occurs before the fact This is not to be confused with failure to mitigate damages, which generally occurs after the fact, while contributory negligence generally occurs before the fact

15 © 2006 McGraw-Hill Higher Education. All rights reserved. Basic Defenses to Negligence Comparative negligence was developed as a reaction to the all- or-none principle of contributory negligence Comparative negligence was developed as a reaction to the all- or-none principle of contributory negligence Some states with a modified comparative negligence policy have a threshold for recovery where a plaintiff who is equally or less negligent than the defendant may recover damages. Some states with a modified comparative negligence policy have a threshold for recovery where a plaintiff who is equally or less negligent than the defendant may recover damages. Most states have moved to a policy of pure comparative negligence Most states have moved to a policy of pure comparative negligence In a pure comparative negligence state, the plaintiff will have to prove all of the elements of negligence, the defendant will try to prove contributory negligence due to the plaintiffs own actions and then the jury will establish what percent each side is at fault In a pure comparative negligence state, the plaintiff will have to prove all of the elements of negligence, the defendant will try to prove contributory negligence due to the plaintiffs own actions and then the jury will establish what percent each side is at fault Theoretically, defendants are more careful with a comparative negligence system, since the plaintiffs participation does not affect the awarding of damages. Theoretically, defendants are more careful with a comparative negligence system, since the plaintiffs participation does not affect the awarding of damages.

16 © 2006 McGraw-Hill Higher Education. All rights reserved. Basic Defenses to Negligence A statute of limitations is a state law that sets the length of time that persons may sue for damages under either negligence or malpractice laws A statute of limitations is a state law that sets the length of time that persons may sue for damages under either negligence or malpractice laws In the states where athletic training is licensed, the statute of limitations probably extends to cover athletic trainers In the states where athletic training is licensed, the statute of limitations probably extends to cover athletic trainers Where athletic trainers are covered by malpractice laws, the statute specifies from one to three years (depending on the state) to initiate action Where athletic trainers are covered by malpractice laws, the statute specifies from one to three years (depending on the state) to initiate action Where athletic training is not regulated, there may be no statute of limitations to cover the actions of the athletic trainer Where athletic training is not regulated, there may be no statute of limitations to cover the actions of the athletic trainer

17 © 2006 McGraw-Hill Higher Education. All rights reserved. Basic Defenses to Negligence It is also important to note that in most states the statute of limitations is tolled for a minor (that is, the time factor is postponed until that person reaches either 18 years old or an age set in the statute) It is also important to note that in most states the statute of limitations is tolled for a minor (that is, the time factor is postponed until that person reaches either 18 years old or an age set in the statute) An athlete injured at age 7 can in theory start the statute of limitations at age 18 An athlete injured at age 7 can in theory start the statute of limitations at age 18 Records, therefore, need to be kept until there is no further exposure to the time limit Records, therefore, need to be kept until there is no further exposure to the time limit In all but seven states, the statute of limitations is also tolled for fraudulent concealment of information that would have caused the patient to consider his or her options for suing the professional In all but seven states, the statute of limitations is also tolled for fraudulent concealment of information that would have caused the patient to consider his or her options for suing the professional

18 © 2006 McGraw-Hill Higher Education. All rights reserved. Basic Defenses to Negligence It is an open question whether damage that appears later in life (e.g., traumatic arthritis, degenerative diseases that may require joint replacement) can still fall under the time limits of these laws It is an open question whether damage that appears later in life (e.g., traumatic arthritis, degenerative diseases that may require joint replacement) can still fall under the time limits of these laws In an assumption of risk defense, the athletic trainer will assert that the plaintiff knew before commencing an activity that the activity was dangerous and chose to participate anyway In an assumption of risk defense, the athletic trainer will assert that the plaintiff knew before commencing an activity that the activity was dangerous and chose to participate anyway There are two types of assumption of risk, express assumption of risk and implied assumption of risk There are two types of assumption of risk, express assumption of risk and implied assumption of risk

19 © 2006 McGraw-Hill Higher Education. All rights reserved. Basic Defenses to Negligence In express assumption of risk, the plaintiff agrees not to hold the defendant liable in advance of possible injury In express assumption of risk, the plaintiff agrees not to hold the defendant liable in advance of possible injury Even if an act is perpetrated outside the normal playing time, as long as it is no more dangerous than that found during play, the risk is assumed by the participants Even if an act is perpetrated outside the normal playing time, as long as it is no more dangerous than that found during play, the risk is assumed by the participants This line of thought has long legal standing, but has been narrowed considerably in recent years as courts assess whether the agreement is contrary to public policy This line of thought has long legal standing, but has been narrowed considerably in recent years as courts assess whether the agreement is contrary to public policy

20 © 2006 McGraw-Hill Higher Education. All rights reserved. Basic Defenses to Negligence Implied assumption of risk is shown when a person has witnessed an event before, including possible hazards to participants or spectators, yet willingly becomes part of the event Implied assumption of risk is shown when a person has witnessed an event before, including possible hazards to participants or spectators, yet willingly becomes part of the event For assumption of risk to be valid, the athlete must fully appreciate all of the potential risks and possible outcomes from exposure to these risks For assumption of risk to be valid, the athlete must fully appreciate all of the potential risks and possible outcomes from exposure to these risks In addition, the athlete must knowingly, voluntarily, and unequivocally decide to participate in the face of these risks In addition, the athlete must knowingly, voluntarily, and unequivocally decide to participate in the face of these risks

21 © 2006 McGraw-Hill Higher Education. All rights reserved. Basic Defenses to Negligence For an athlete to fully appreciate the risks, many courts are stating that the athlete must be informed of all possible risks and outcomes For an athlete to fully appreciate the risks, many courts are stating that the athlete must be informed of all possible risks and outcomes In the case of Krueger v. Bert Bell NFL Player Retirement Fund (234_Cal. Rptr._579 [Cal. App. 1 Dist. 1987]), the court found that not informing the plaintiff of all aspects of his medical condition constituted fraud in that Mr. Krueger was not given the opportunity to make a different decision concerning his return to play after knee surgery. He admitted he would have continued to play, but could not decide for himself without the withheld information In the case of Krueger v. Bert Bell NFL Player Retirement Fund (234_Cal. Rptr._579 [Cal. App. 1 Dist. 1987]), the court found that not informing the plaintiff of all aspects of his medical condition constituted fraud in that Mr. Krueger was not given the opportunity to make a different decision concerning his return to play after knee surgery. He admitted he would have continued to play, but could not decide for himself without the withheld information

22 © 2006 McGraw-Hill Higher Education. All rights reserved. Basic Defenses to Negligence There are several things that should be taken into consideration about assumption of risk There are several things that should be taken into consideration about assumption of risk First, assumption of risk is not a defense against defendant's negligence First, assumption of risk is not a defense against defendant's negligence Courts have held that even a signed waiver cannot excuse negligence since it is not good public policy to allow persons to avoid responsibility of a duty to protect participants Courts have held that even a signed waiver cannot excuse negligence since it is not good public policy to allow persons to avoid responsibility of a duty to protect participants

23 © 2006 McGraw-Hill Higher Education. All rights reserved. Basic Defenses to Negligence Second, minors cannot accept responsibility for protecting themselves even though they were completely informed of the risks and parents cannot waive their child's rights Second, minors cannot accept responsibility for protecting themselves even though they were completely informed of the risks and parents cannot waive their child's rights Even adults capable of understanding the risks inherent in participation cannot waive hidden risks that the defendants were or should have been aware of Even adults capable of understanding the risks inherent in participation cannot waive hidden risks that the defendants were or should have been aware of People cannot assume risks which they are not aware of People cannot assume risks which they are not aware of

24 © 2006 McGraw-Hill Higher Education. All rights reserved. Basic Defenses to Negligence Act of God defense is based on the concept that all risks were foreseeable and covered, yet the plaintiff was injured by circumstances completely beyond the control of the defendant Act of God defense is based on the concept that all risks were foreseeable and covered, yet the plaintiff was injured by circumstances completely beyond the control of the defendant This defense cannot be used to shield a defendant from a negligence claim This defense cannot be used to shield a defendant from a negligence claim As with assumption of risk, this defense is appropriate only when there has been no negligence As with assumption of risk, this defense is appropriate only when there has been no negligence The most important point is foreseeability The most important point is foreseeability Any accident that cannot be foreseen the plaintiff cannot be protected from Any accident that cannot be foreseen the plaintiff cannot be protected from

25 © 2006 McGraw-Hill Higher Education. All rights reserved. Basic Defenses to Negligence The biggest problem with this defense is that some people believe occurrences in nature such as storms, earth quakes, lightening, or high heat and humidity fall into this classification The biggest problem with this defense is that some people believe occurrences in nature such as storms, earth quakes, lightening, or high heat and humidity fall into this classification Lightening is clearly foreseeable during thunder storms Lightening is clearly foreseeable during thunder storms Heat and high humidity clearly make heat stroke or heat exhaustion foreseeable consequences Heat and high humidity clearly make heat stroke or heat exhaustion foreseeable consequences To ignore the condition and fail to take proper precautions is negligent and subject to liability for any injuries that result To ignore the condition and fail to take proper precautions is negligent and subject to liability for any injuries that result

26 © 2006 McGraw-Hill Higher Education. All rights reserved. Basic Defenses to Negligence Good Samaritan laws state that those who come to the aid of an injured person and act within their standard of care are immune from actions for damages Good Samaritan laws state that those who come to the aid of an injured person and act within their standard of care are immune from actions for damages These laws do not cover negligent conduct These laws do not cover negligent conduct There is an assumption that no compensation to the athletic trainer was provided There is an assumption that no compensation to the athletic trainer was provided The most common use of these laws occurs when covering state games and charitable events The most common use of these laws occurs when covering state games and charitable events

27 © 2006 McGraw-Hill Higher Education. All rights reserved. Basic Defenses to Negligence For sovereign immunity, at common law, the king could do no wrong and was immune from tort actions unless he consented to being sued The rule was modified at the federal level in 1946 by the Federal Tort Claims Act, which allows the government to be considered liable in the same way as private individuals with the exception of intentional tort or discretionary acts This latter exception is most often the defense used by public employees in the medical area.

28 © 2006 McGraw-Hill Higher Education. All rights reserved. Basic Defenses to Negligence Many athletic trainers are employed by governmental units (public colleges or universities and secondary schools), and use discretionary actions in the conduct of their duties, a situation that gives the athletic trainer sovereign immunity where allowed by the governing unit This has allowed public employee medical professionals to evade claims of negligence in some locations

29 © 2006 McGraw-Hill Higher Education. All rights reserved. Basic Defenses to Negligence A waiver is a legal contract in which the signatories give up the right to sue for damages in exchange for services performed for them Contract law carries some standard requirements. First, the participant signing the waiver must be competent and of majority A second element is the exchange of adequate consideration (e.g., allowing participation, use of facilities) Another essential element is mutual assent or a meeting of the minds

30 © 2006 McGraw-Hill Higher Education. All rights reserved. Basic Defenses to Negligence This involves an offer by the first party and acceptance by the second party. If the offer is clear and obvious, then this element is present It is important to remember that when a parent signs a waiver, it only means the parent gives up the right to sue (in theory, after injury the parent may claim duress and many other things to void the waiver)

31 © 2006 McGraw-Hill Higher Education. All rights reserved. Basic Defenses to Negligence A minor has been found to be unable to waive the right to sue by parental signature Minors are also held in court to be incapable of signing a waiver because they cannot legally enter into a binding contract This situation may be changing, however, as courts in Ohio, California, Arizona, and Mississippi have all upheld waivers signed by parents or by parents and children as binding

32 © 2006 McGraw-Hill Higher Education. All rights reserved. Basic Defenses to Negligence The courts may also declare that it is not in the public interest to recognize a waiver, so that even though one is signed, it is null and void In addition, spouses of married patients may claim loss of consortium due to injury Loss of consortium is interference with and injury to the marital relationship including companionship, conversation, comfort, sexual relations, and other aspects attributable to marriage This is a separate cause of action not covered if the athlete signs a release of liability waiver

33 © 2006 McGraw-Hill Higher Education. All rights reserved. Basic Defenses to Negligence It is possible to transfer some of the risk to the athletes by using the informed consent procedures and assumption of risk It is important to remember that an athlete cannot sign a waiver for willful or wanton misconduct, only unforeseeable acts

34 © 2006 McGraw-Hill Higher Education. All rights reserved. Basic Defenses to Negligence Information in medical and student records is protected by Federal and state laws. Information in medical and student records is protected by Federal and state laws. It may be advantageous to an athlete for this information to be viewed by a 3 rd party It may be advantageous to an athlete for this information to be viewed by a 3 rd party Adjudicating insurance claims Adjudicating insurance claims Evaluation potential for professional sports employment Evaluation potential for professional sports employment Each individual case should be accompanied by a written release signed by the athlete allowing a specific 3 rd party access to the records Each individual case should be accompanied by a written release signed by the athlete allowing a specific 3 rd party access to the records

35 © 2006 McGraw-Hill Higher Education. All rights reserved. Basic Defenses to Negligence Each time the records are released, a new waiver should be obtained Each time the records are released, a new waiver should be obtained Blanket release forms are potentially injurious to the athlete and should be avoided Blanket release forms are potentially injurious to the athlete and should be avoided The athlete should be made aware in writing as part of the release that once the records are out of the medical staffs possession that the athletic trainers and physicians have no control over who accesses this information The athlete should be made aware in writing as part of the release that once the records are out of the medical staffs possession that the athletic trainers and physicians have no control over who accesses this information The athlete should also be aware that when a waiver is signed, the entire medical record is released The athlete should also be aware that when a waiver is signed, the entire medical record is released

36 © 2006 McGraw-Hill Higher Education. All rights reserved. Basic Defenses to Negligence Another type of waiver covers when an athlete has been told that either a preexisting or a new condition has rendered participation dangerous Another type of waiver covers when an athlete has been told that either a preexisting or a new condition has rendered participation dangerous This waiver must inform the athlete of ALL possible consequences (including death, persistent vegetative coma, and all other lesser maladies) This waiver must inform the athlete of ALL possible consequences (including death, persistent vegetative coma, and all other lesser maladies) It must also state that the physicians have told the athlete not to participate but the athlete is going against these orders at his or her own risk It must also state that the physicians have told the athlete not to participate but the athlete is going against these orders at his or her own risk Parents and spouses need to sign these waivers, too Parents and spouses need to sign these waivers, too

37 © 2006 McGraw-Hill Higher Education. All rights reserved. Basic Defenses to Negligence Some authorities have suggested that rather than executing a waiver, the medical staff should tell the athlete to sue for the right to participate Some authorities have suggested that rather than executing a waiver, the medical staff should tell the athlete to sue for the right to participate The decision to allow participation after the waiver is signed is by the court, not the physicians The decision to allow participation after the waiver is signed is by the court, not the physicians The sports medicine staff and coaches cannot then be held as coercive, risking a judge throwing out the waiver The sports medicine staff and coaches cannot then be held as coercive, risking a judge throwing out the waiver

38 © 2006 McGraw-Hill Higher Education. All rights reserved. Communication Communication between the sports medicine team and the athlete about the comprehensive nature of the athletes health is vital to an informed decision Communication between the sports medicine team and the athlete about the comprehensive nature of the athletes health is vital to an informed decision Sports organizations need to have policies in place acknowledging the independence of their medical staff from team management Sports organizations need to have policies in place acknowledging the independence of their medical staff from team management

39 © 2006 McGraw-Hill Higher Education. All rights reserved. Communication Accurate, complete records of all discussions and information provided to the athlete must be part of the permanent medical record Accurate, complete records of all discussions and information provided to the athlete must be part of the permanent medical record There has been questions in the past concerning the objectivity of medical staff employed by an organization delivering health care services to employees of the organization To whom does the physician owe duty? The employee (athlete) or the organization that employees him/her? There has been questions in the past concerning the objectivity of medical staff employed by an organization delivering health care services to employees of the organization To whom does the physician owe duty? The employee (athlete) or the organization that employees him/her?

40 © 2006 McGraw-Hill Higher Education. All rights reserved. Communication Graham found the best documentation of this independence is a written contract defining roles Graham found the best documentation of this independence is a written contract defining roles Unfortunately, few athletic trainers or team physicians have written contracts or written job descriptions Unfortunately, few athletic trainers or team physicians have written contracts or written job descriptions Graham also pointed out the need for continuing education Graham also pointed out the need for continuing education Other studies have found a disconnect between what athletic trainers believe is important in education programs and reasons athletic trainers are being sued Other studies have found a disconnect between what athletic trainers believe is important in education programs and reasons athletic trainers are being sued

41 © 2006 McGraw-Hill Higher Education. All rights reserved. Communication A study by Zylks found that half of the competencies in the prevention domain were valued by practicing athletic trainers while Leverenz found that in the 13 cases in appellate law between 1960 and 1989, five dealt with prevention issues A study by Zylks found that half of the competencies in the prevention domain were valued by practicing athletic trainers while Leverenz found that in the 13 cases in appellate law between 1960 and 1989, five dealt with prevention issues According to Gallup, when a suit is filed, 60% of the time the suit is dropped, 30% are settled out of court, 10% of the time the suit actually goes to trial, and 2% of the time the plaintiffs prevail According to Gallup, when a suit is filed, 60% of the time the suit is dropped, 30% are settled out of court, 10% of the time the suit actually goes to trial, and 2% of the time the plaintiffs prevail


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