Transcript Injury Care and the Athletic Trainer Chapter 1 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?
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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
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ATC
• Domains
– Injury/illness prevention
and wellness protection
– Clinical evaluation and
diagnosis
– Immediate and
emergency care
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ATC (cont.)
• Domains
– Treatment and
rehabilitation
– Organization and
professional health and
well-being
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Athletic Training Education
• Commission on Accreditation of Athletic Training
Education (CAATE)
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State Practice Governance
• Licensure
• Certification
• Registration
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Work Settings
• High school and collegiate settings
• Professional sports teams
• Sports medicine clinics
• Industrial/occupational settings
• Physician practices
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Team Approach to Health Care
• Team physician
• Primary care physician
• Participant
• Physical therapist
• Strength and conditioning specialist
• Additional specialists
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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
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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
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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
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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
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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
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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
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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
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Preventing Litigation
• Understand and complete duty of care
• Steps to reduce risk of litigation
• Know NATA position and consensus statements
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