Copyright © 2013 Wolters Kluwer Health | Lippincott Williams & Wilkins Injury Care and the Athletic Trainer Chapter 1

Copyright © 2013 Wolters Kluwer Health | Lippincott Williams & Wilkins Sports Medicine vs. Athletic Training?

Copyright © 2013 Wolters Kluwer Health | Lippincott Williams & Wilkins NATA vs. BOC National Athletic Trainers’ Association (NATA) –Establishes standards for professionalism, education, research, and practice settings –Entry-Level Athletic Training Clinical Proficiencies –Code of Ethics Board of Certification (BOC) –Awards the ATC credential –Role Delineation Study –Standards of Professional Practice

Copyright © 2013 Wolters Kluwer Health | Lippincott Williams & Wilkins ATC  Domains –Injury/illness prevention and wellness protection –Clinical evaluation and diagnosis –Immediate and emergency care

Copyright © 2013 Wolters Kluwer Health | Lippincott Williams & Wilkins ATC  (cont.) Domains –Treatment and rehabilitation –Organization and professional health and well-being

Copyright © 2013 Wolters Kluwer Health | Lippincott Williams & Wilkins Athletic Training Education Commission on Accreditation of Athletic Training Education (CAATE)

Copyright © 2013 Wolters Kluwer Health | Lippincott Williams & Wilkins State Practice Governance Licensure Certification Registration

Copyright © 2013 Wolters Kluwer Health | Lippincott Williams & Wilkins Work Settings High school and collegiate settings Professional sports teams Sports medicine clinics Industrial/occupational settings Physician practices

Copyright © 2013 Wolters Kluwer Health | Lippincott Williams & Wilkins Team Approach to Health Care Team physician Primary care physician Participant Physical therapist Strength and conditioning specialist Additional specialists

Copyright © 2013 Wolters Kluwer Health | Lippincott Williams & Wilkins Legal Considerations Practice of athletic training normally tried under tort law –Tort Omission Commission Standard of care vs. scope of care Clearance for participation –Final authority is supervising team physician, not ATC

Copyright © 2013 Wolters Kluwer Health | Lippincott Williams & Wilkins Legal Considerations (cont.) Negligence –Failure to provide a duty of care –Negligent torts can result from Malfeasance Misfeasance Nonfeasance Malpractice Gross negligence –Criteria required to prove negligence

Copyright © 2013 Wolters Kluwer Health | Lippincott Williams & Wilkins Legal Liabilities Failure to Warn –Participants must be informed that risk for injury exists and understand the nature of that risk Foreseeability of Harm –Recognizing a potential danger and removing the danger before an injury occurs

Copyright © 2013 Wolters Kluwer Health | Lippincott Williams & Wilkins Legal Liabilities (cont.) Informed Consent –Injured party has been reasonably informed of needed treatment, possible alternative treatment, and advantages and disadvantages of each course of action –Exclusionary clause – identify conditions not treated by the ATC –Obtain prior to any treatment –Potential for battery

Copyright © 2013 Wolters Kluwer Health | Lippincott Williams & Wilkins Legal Liabilities (cont.) Refusing help –Individuals have the right to refuse treatment –Exception: increased risk for further injury Product liability –Implied warranty –Expressed warranty –Strict liability –NOCSAE Confidentiality –Right to privacy

Copyright © 2013 Wolters Kluwer Health | Lippincott Williams & Wilkins Legal Defenses Assumption of risk –Individual acknowledges understanding of the risks of their participation in the activity and voluntarily chooses to participate, assuming all risks of injury or even death due to their participation

Copyright © 2013 Wolters Kluwer Health | Lippincott Williams & Wilkins Legal Defenses (cont.) Good Samaritan laws –Conditions vary from state to state, but immunity generally applies only when emergency first aider: Acts during an emergency Acts in good faith Acts without expected compensation Is not guilty of misconduct or gross negligence Comparative negligence –Relative degree of negligence –Damages awarded on a proportionate basis

Copyright © 2013 Wolters Kluwer Health | Lippincott Williams & Wilkins Preventing Litigation Understand and complete duty of care Steps to reduce risk of litigation Know NATA position and consensus statements