The Law of Sports Injury Chapter 3 The Law of Sports Injury

The Law of Sports Injury The field of sports medicine has witnessed a dramatic increase in the amount of litigation over the last decade Understanding liability and the role of coaches and members of the sports medicine team are important. Ethics play an essential role in protecting both the athlete and coaches. State registration or licensing of athletic trainers is important. Helps protect athletes from unqualified practitioners.

Why people file lawsuits? People have a right to sue. Participants believe they should be able to participate without risk of injury. There is a monetary expense to injuries so people may sue to recover for medical expenses. Increase expectations on young athletes. (Appenzeller, 2000) More acceptance by the courts of comparative negligence settlements

Coaches be aware… The coach is typically the first person at the scene of an injury. Inappropriate decisions may jeopardize the athlete’s health and result in legal action. The coach’s decisions and actions are critical. A recent study of high school coaches found: A significant percentage of coaches lacked adequate first aid knowledge. (Dunn & Ransone, 1996)

Ethics There is an increased emphasis on winning and earning monetary rewards. A coach’s livelihood and career depend on a win-loss record. Athletes and parents can bring pressure. The coach must resist the temptation to circumvent the recommendations of medical personnel when returning an injured athlete to participation.

Ethics Under no circumstance should an athlete be allowed to resume sports without the consent of a medical doctor. Remember: Unethical behavior by a coach will in all probability be considered as negligence by a court of law.

Concept of Tort Tort: “harm, other than a breach of contract, done to another for which the law holds the wrongdoer responsible” Negligence: A type of tort defined as “the failure to do what a reasonably careful and prudent person would have done under the same or like circumstances, or doing of something that a reasonably careful and prudent person would not have done under the same or like circumstances” Ray 1994

Negligence Act of Commission – acting in an improper way Act of Omission – failure to act The Four Elements of Negligence: Duty A breach of duty Damage Link between breach of duty and damage Ray 1994

Defending negligence and defeating litigation Contributory negligence Comparative negligence Assumption of risk Act of God (act of nature)

What Is Your Liability? Anyone serving in a coaching capacity, whether voluntarily or paid, bears considerable responsibility for the health and safety of athletes. Doctrine of sovereign immunity does NOT guarantee immunity for coaches. Coach must use reasonable care to avoid creating foreseeable risk of harm. Coach should have a legal contract that outlines specific coaching duties.

What Is Your Liability? Potential liabilities for coaches include: Failure to provide competent personnel, instruction, and proper equipment. Failure to warn or supervise. Failure to treat an injured athlete properly. Failure to ensure that an athlete is ready to participate. Moving or improperly treating an athlete’s injury

Are You Protected? Good Samaritan Law DOES NOT protect coaches as they have a duty to provide care. Coaches need to be vigilant regarding risks to athletes. Determine if employer provides liability protection for coaches and staff. If not, then coaches should acquire liability insurance. © Photodisc

Steps to Avoid Legal Action To reduce the chances of going to court, coaches should have: A written contract First aid/CPR training. An emergency action plan. Parental consent forms for those under 18. Pre-participation physical exams on all athletes. Attended in-service seminars. Regular inspection of facilities/equipment. Effective lines of communication. Proper injury documentation. Health Insurance Portability and Accountability Act (HIPAA)

Health Insurance Portability and Accountability Act (HIPAA) Why is this important to coaches? Dramatic impact on the entire health care industry, including the sports medicine field where coaches may be directly involved. For example, these new regulations place strict limitations on the release of personal health information to third parties (i.e., media)

If You Get Sued Immediately - Call your insurance company and your lawyer. Write a detailed description of events related to the incident and obtain signed statements from witnesses. Make NO statement to the media or other parties without getting legal counsel. Appenzeller, 2000