Standard
of Reasonable Care
•Negligence
–the failure to use ordinary or reasonable care.
Proving Negligence
4 things required:
1. Duty to act
2. Failure to act on duty
3. Resulting harm
4. Resultant action or inaction caused harm
•Athletic trainer has a duty to provide coverage to athletes (obligation)
•Care giver does something a reasonably prudent individual would
not (comission) See also Malfeasance
•Care giver fails to do something
a reasonably prudent individual would do (omission) See also Nonfeasance
•Individual possessing higher level of training will possess higher level of competence
•Once coach or athletic trainer assumes duty
of caring for athlete that person has an
obligation to provide appropriate
care (until higher trained party takes over)
•Obligation to provide
services vs. Scope of employment
Good Samaritan Law
–Provides limited
protection against legal liability to one that provides care should something go wrong
•Standards of reasonable care
– Assumes that a person is of ordinary and reasonable prudence
– Bring commonsense approach to the situation
– Must operate within the appropriate limitations of ones educational
background
Torts
•Legal wrongs committed against a person (liability results)
•May emanate from
–Nonfeasance
•Failure to perform legal duty (i.e. fail to refer)
–Malfeasance
•Performs action that is not his/hers to legally perform (i.e. perform advanced treatment
leading to complications)
Statutes of Limitation
•Specific length of time an individual can sue for injury resulting from negligence.
•Varies by state but generally ranges from one to three years
•Clock begins at the time the negligent act results in suit or from the time injury is
discovered following negligent act
•Minors have generally have an extension
Assumption of Risk
•Athlete is made aware of inherent risks involved in sport and voluntarily decides to continue participating
•Expressed in written waiver or implied from conduct of athlete once participation begins
•Can be used as defense against an athlete’s negligence suit
•Does not excuse overseers from exhibiting reasonable care and prudence in regards to
conduct of activities or foreseeing potential hazards
Many and varied interpretations (particularly with minors)
•Often a waiver will stand in court except in incidents of fraud, misrepresentation or
duress
Reducing the Risk of Litigation
Coach
Warn athlete of potenial dangers involved in sport
Supervise regularlyand attentively
Prepare and condition athlete
Instruct athlete on skills of their respective sports
Ensure proper and safe equipment facilities
Athletic Trainer
Work to establish good working relationships with athlete,parents,coworkers
Establish policies regarding athlete training facility and coverage
Develop emergency action plan
Medical history of athlete
Maintain adequuate records
Detailed Job description
Obtain written constent relative to providing health care
Maintain confidentially
Exercise caution with regards to medication distribution and modality use
Ensure safe equipment and facilities
Follow physicians order
Product Liability
National Operating Committe on Standards for Athletic Equipment (NOCSAE)
Minimum standards for equipment to ensure safety
Athlete should not alter equipment invalidates manufacturing warrinty
Athletic trainer takes on the risk
The picture below shows and example of assumption of risk because he knows that if he goes bungee jumping he has a high chance of getting hurt and suffering an injury.
–the failure to use ordinary or reasonable care.
Proving Negligence
4 things required:
1. Duty to act
2. Failure to act on duty
3. Resulting harm
4. Resultant action or inaction caused harm
•Athletic trainer has a duty to provide coverage to athletes (obligation)
•Care giver does something a reasonably prudent individual would
not (comission) See also Malfeasance
•Care giver fails to do something
a reasonably prudent individual would do (omission) See also Nonfeasance
•Individual possessing higher level of training will possess higher level of competence
•Once coach or athletic trainer assumes duty
of caring for athlete that person has an
obligation to provide appropriate
care (until higher trained party takes over)
•Obligation to provide
services vs. Scope of employment
Good Samaritan Law
–Provides limited
protection against legal liability to one that provides care should something go wrong
•Standards of reasonable care
– Assumes that a person is of ordinary and reasonable prudence
– Bring commonsense approach to the situation
– Must operate within the appropriate limitations of ones educational
background
Torts
•Legal wrongs committed against a person (liability results)
•May emanate from
–Nonfeasance
•Failure to perform legal duty (i.e. fail to refer)
–Malfeasance
•Performs action that is not his/hers to legally perform (i.e. perform advanced treatment
leading to complications)
Statutes of Limitation
•Specific length of time an individual can sue for injury resulting from negligence.
•Varies by state but generally ranges from one to three years
•Clock begins at the time the negligent act results in suit or from the time injury is
discovered following negligent act
•Minors have generally have an extension
Assumption of Risk
•Athlete is made aware of inherent risks involved in sport and voluntarily decides to continue participating
•Expressed in written waiver or implied from conduct of athlete once participation begins
•Can be used as defense against an athlete’s negligence suit
•Does not excuse overseers from exhibiting reasonable care and prudence in regards to
conduct of activities or foreseeing potential hazards
Many and varied interpretations (particularly with minors)
•Often a waiver will stand in court except in incidents of fraud, misrepresentation or
duress
Reducing the Risk of Litigation
Coach
Warn athlete of potenial dangers involved in sport
Supervise regularlyand attentively
Prepare and condition athlete
Instruct athlete on skills of their respective sports
Ensure proper and safe equipment facilities
Athletic Trainer
Work to establish good working relationships with athlete,parents,coworkers
Establish policies regarding athlete training facility and coverage
Develop emergency action plan
Medical history of athlete
Maintain adequuate records
Detailed Job description
Obtain written constent relative to providing health care
Maintain confidentially
Exercise caution with regards to medication distribution and modality use
Ensure safe equipment and facilities
Follow physicians order
Product Liability
National Operating Committe on Standards for Athletic Equipment (NOCSAE)
Minimum standards for equipment to ensure safety
Athlete should not alter equipment invalidates manufacturing warrinty
Athletic trainer takes on the risk
The picture below shows and example of assumption of risk because he knows that if he goes bungee jumping he has a high chance of getting hurt and suffering an injury.