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 Copyright © 2013 Wolters Kluwer Health | Lippincott Williams & Wilkins