Transcript Legal Liability/Responsibility

Legal Liability/Responsibility
Legal considerations for the
athletic trainer
 First need to know what is the
athletic trainers DUTY to the athlete
 Duty is the legally defined responsibilities
of an athletic trainer
 To do what a reasonable an careful
person (athletic trainer) would do under
the same or similar circumstances
“reasonably prudent man theory”
What Defines a DUTY?




Job Description
Standard of Care
Contract
Athletic Trainer Domains
Breach of Duty
 Nonfeasance - not fulfilling legal duty
“don’t do something you should have
done”
 Misfeasance - Doing something we
should be doing, but improperly
 Malfeasance - Doing something we
have no duty to perform
Breach of Duty- Other Factors





Morality
Economic good of the group
Practical administration of the law
Justice
Fact pattern of the case
Standard of Care
 What is the standard of care an
athletic trainer has to uphold?
 Standard of care is determined by
what the individuals duty is.
 For example - a coach managing a serious head
injury would not be held to as high a standard
of care as an athletic trainer or EMT.
Duty owed to each individual is
different
 Licensee - On property with
permission of owner but of no benefit
to owner. Should be warned of harms
owner is aware of.
 Invitee - Greatest duty! Person who
has been invited expressly onto land
 Trespasser Least Duty!
Legal considerations for the
athletic trainer
 Liability: Appropriate actions for
particular situations
 Must perform in a reasonable manner or
liable
 Must not fail to perform or liable
Definitions of Liability
 Negligence - Guilty of being liable
 Contributory Negligent - the degree to
which the injured athlete is determined
to have contributed to his/her own
injury.
 Comparative Negligence - similar to
Contributory but compared the relative
negligence not the part of the defendant
Definitions of Liability
 Tort - What a trainer is legally
charged with
 Omission - don't carry out legal duty
 Commission - commit act not legally
able to perform
Defenses Against Negligence
 Assumption of Risk - an athlete
assumes certain risk of injury (need
to consider age, and experience)
 Act of God
 Contributory and Comparative
negligence
 Forseability
Legal Issues - Informed
Consent
 Implies that an athlete or his/her
parents must be informed of the risks
inherent in a particular sport before
they voluntarily assume the risk of
participation.
 Remember that guardians/parents
cannot waive a minors rights. A minor
can reinstate his/her right when turning
18.
Legal Issues - Shared
Responsibility
 Acknowledges the impracticality of
coaches and other athletic personnel
being responsible for the prevention
of all injuries that occurring sports.
Consequently, the athlete is asked to
share in this responsibility.
Legal Issues - Transportation
 Guest Statue - no person riding in an auto as
a guest has any right of action against the
driver or any person liable if:
 willingly volunteered (remember minors
 cannot volunteer)
 Colins V. Board of Kent County - Student rode
home with a friend not on a school bus from
an event. Was killed in auto crash. Parent
sued school for not providing transportation
when the event was required.
Legal Issues- Governmental or
Proprietary Function
 Institution is responsible for all
activities that occur on their property
“Respondent Superior”
 Charitable Immunity
What is the athletic trainer
legally liable for?
 Nutritional aspects of team - Can't watch what
eat but need to supply them with information
and recognize eating disorders
 Supervise the play and practice areas: make
sure they are safe, control the environment
(move objects, suggest take practice inside
due to lightning or heat/cold)
 Legally liable to give the athlete the best
equipment whether JV or sub-athlete
Specific Responsibilities to the
Training Program
 Obtain readily available medical
records.
 Conduct pre-play physical exam and
maintain accurate emergency
information. Can't assume all
athletes are healthy.
 Work closely with parents and
coaches keep communication open.
Specific Responsibilities to
Athlete
 Make sure athlete knows how to
condition
 Between onset of practice and
competition make sure the athlete is
prepared. Gear etc..
 W/out any hesitation--must remove
athlete from activity if impaired.
 Responsible for athlete in the
environment.
Specific Responsibilities to
Athlete
 Must have ability to evaluate and
analyze the injury and athletes status
 Give proper fitting equipment
 Athlete must have qualified medical
care in practice and competition. If
beyond your scope, you need a
physician. You don't need to know
everything--have a support group.
How Do Athletic Trainers
Protect Themselves?
 Keep accurate records
 Have the health history of the athlete
current and accessible in case of
emergency
How Do Athletic Trainers
Protect Themselves?
 Make sure the area you are responsible
for is properly supervised; students and
equipment are safe.
 Don't give out medicine. That is for the
physician. May not want to give out
aspirin or Tylenol prior the
comp/practice; if injured may mask
symptoms.
 If dispensing over the counter drugs,
keep accurate record of how many and
who.
How Do Athletic Trainers
Protect Themselves?
 Use only ability capable of using don't act outside capabilities
 Don't use faulty equipment
 Don't return injured player until
cleared by doctor
 Never use pain killing drugs that
allow athlete to participate
 Follow orders of the physician
 Communicate clearly with doctors,
coaches, athletes, and families
Part of being prepared and
avoiding liability is having an
emergency care procedure in
place and following that
procedure.
Release and Waiver
 Release - institution is not responsible
for injuries (worthless)
 Parents can't sign away anything for a
minor
 Release of information to anyone else
other than athlete need a release from
the athlete.