Legal Liability and Insurance Chapter 3

Legal Concerns n Liability: being legally responsible for the harm one causes another person. n Standard of Reasonable Care: Assumes that an individual is a person of reasonable and ordinary prudence. Commonsense n Negligence: not providing reasonable or ordinary care under similar circumstances. n Torts: a legal wrong n Act of omission: When an individual fails to perform a legal duty. n Act of commission: when an indiv. Commits an act that is not legally his/her to perform.

Legal Concerns n Assumption of Risks: the indiv. Through expressed or implied agreement, assumes that some risk or danger will be involved in the particular undertaking. Or a person takes his/her own chances n Statue of limitation: A specific length of time to sue for damages from negligence. Usually 1-3 years to file suit for negligence.

Negligence n Negligence is alleged when an indiv: n 1. Does something that a reasonably prudent person would not do n 2. Fails to do something that a reasonably prudent person would do under circumstances similar to those shown by the evidence.

Torts n Act of omission: when an indiv. Fails to perform a legal duty. –Ex. Fail to refer a seriously injured athlete for proper medical attention n Act of commission: performs an act that they are not trained to perform –Ex. Performing a medical treatment that they are not trained for. Putting stitches in.

Assumption of risks n The athlete assumes the risk of participating in a particular sport and knows the dangers. n Can be in a form like a waiver. n All players read the athletic code and warning stickers on helmets and equipment. They all assume the risks.

How do Athletic trainers/Coaches reduce litigation? n 1. Warn athletes of the potential dangers of the sport. n 2. Supervise regularly and attentively. n 3. Properly prepare and condition athletes. n 4. Properly instruct athletes in the skills of their sport. n 5. Utilization of proper and safe equipment. n 6. Establish good personal relationships with the athletes, parents, and coworkers n 7. Establish specific policies/guidelines/supervision of facilities n 8. Have an emergency plan n 9. Be aware of medical histories of athletes n 10. Documentation of injuries/treatments n 11. Document efforts to create a safe playing environment

How do Athletic trainers/Coaches reduce litigation? n 12. Have a detailed job description n 13. Obtain written consent for providing health care n 14. Maintain confidentiality of medical records n 15.Don’t dispense of prescription or over the counter drugs. n 16. Use only those therapeutic modalities that you’re trained for. n 17. Don’t let injured players to participate unless cleared by a physician. n 18. Use common sense is making decisions.

What is the most important word one can say if you did something wrong?