Legal Concerns
Obj: I will compare and contrast legal
concepts for liability, negligence, torts,
and assumption of risk
Obj: I will identify measures that can be
taken to minimize litigation
What if he died? Who is negligent?
 http://www.youtube.com/watch?v=6bKdVDGaqB0
 http://www.youtube.com/watch?v=N1mIcYz-DM8
What is liability?
 Being legally responsible for the harm
one causes to another person
 One
person is held financially responsibly
for harming another
Not
a criminal act
 It is important for athletic trainers to
reduce their risk of legal liability for
athletic injuries
What is negligence?
 The failure to use ordinary or reasonable
care
Concussion resulted in brain injury to football
player due to negligence of Baldwin Wallace
University, lawsuit claims
What is a tort?
 A wrong committed against a person as a
result of an act or failure to act


No intent to do harm
Negligence is a tort
Liability, Negligence, Tort
An Athletic Trainer commits a
tort. The tort is negligence.
The Athletic trainer is liable for
the death of a player.
Family files Wrongful Death suit
 http://www.bakersfieldnow.com/sports/Family-of-
Cal-player-files-wrongful-death-suit270079891.html?tab=video&c=y
Agu experienced dizziness, shortness of breath, loss of
balance and other signs of extreme fatigue. The
lawyer argued that trainers took too long to respond
and were not properly trained to care for a player in
the sickling process.
What is failure to act?
 A person fails to perform a legal duty
 Duty
Job
= responsibilities of a person
description
Standard of care – determined by the duty
What constitutes breach of duty?
 Nonfeasance: not fulfilling legal duty
 “didn’t do something that you should have done”
 Misfeasance: doing something we should be doing, but
improperly

“doing a good thing the wrong way”

Example: CPR, AED
 Malfeasance: doing something we have no duty or
ability to perform

“doing wrong the wrong way”
Read the article:
Former High School Athlete wins $4.4 Million
Settlement Against Negligent Athletic Trainers
When is negligence alleged?
 When an individual does something a
reasonably person would not do or fails to do
something a reasonably person would do
under same circumstances.
 http://www.youtube.com/watch?v=cM_dZS
dxx1k
 http://www.youtube.com/watch?v=e3Hr_xoILg
Defenses against negligence:
 Assumption of risk: an athlete assumes
certain risk of injury (need to consider
age, and experience)
 Act of god

Example: Lightening strikes and kills someone
 Not foreseeable

The accident was not foreseeable

Example: college football player jumps into stands after
touchdown and is injured
http://www.youtube.com/watch?v=GV8jsAVJmao
Watch: Unpredictable behavior by athletes
Assumption of risk
 The individual, through expressed or implied
agreement, assumes that some risk or danger
will be involved in the particular undertaking.
In other words, a person takes his or her own
chances.


Can sign a waiver
Do an act that is known to have risk
How does a coach reduce his or her
chance of litigation (being sued) ?






Warn athletes of potential dangers inherent in
their sport
Supervise regularly and attentively
Properly prepare and condition athletes
Properly instruct athletes in the skills of their
sport
Ensure that proper and safe equipment and
facilities are used by athletes at all times
Educate parents
How does an athletic trainer reduce his or
her chance of litigation?




Work to establish good personal relationships with
athletes, parents, and coworkers
Establish specific policies and guidelines for operation of
an athletic training facility, and maintain qualified and
adequate supervision of the training room, its
environment, facilities, and equipment at all times
Develop and carefully follow an emergency plan
Become familiar with health status and medical history of
the athletes under his or her care so as to be aware of
particular problems that could present a need for
additional care or caution
How does an athletic trainer reduce his or
her chance of litigation?




keep factually accurate and timely records that
document all injuries and rehabilitation steps,
and set up a record retention policy that allows
records to be kept and used in defense of
litigation that may be brought by athletes.
document efforts to maintain a safe playing
environment
have a detailed job description in writing
obtain, from athletes and from parents or
guardians when minors are involved, written
consent for providing health care
How does an athletic trainer reduce his or
her chance of litigation?

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
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maintain confidentiality of medical records
exercise extreme caution in the administration, if
allowed by law, of non-prescription medications;
athletic trainers may not dispense prescription
drugs
use only those therapeutic methods that he or she
is qualified to use and that the law states may be
used
not use or permit the presence of faulty or
hazardous equipment
work cooperatively with the coach and the team
physician in the selection and use of sports
protective equipment, and insist that the best be
obtained, properly fitted, and properly
maintained
How does an athletic trainer reduce his or
her chance of litigation?
 Not allow injured players to participate unless cleared
by the team physician
 Develop an understanding with the coaches that an
injured player will not be allowed to re-enter
competition until, in the opinion of the team physician
or the athletic trainer, he or she is psychologically and
physically able
How does an athletic trainer reduce his or
her chance of litigation?




Follow the express orders of the team physician
at all times
Purchase professional liability insurance that
provides adequate financial coverage and be
aware of the limitations of the policy
Know the limitations of his or her expertise as
well as the applicable state regulations and
restrictions that limit the athletic trainers scope
of practice
Use common sense in making decisions about an
athlete’s health and safety.
What is hipaa?
 The health insurance portability and accountability act of 1996
The HIPAA Privacy Rule provides federal protections for
individually identifiable health information held by covered
entities and their business associates and gives patients an
array of rights with respect to that information. At the same
time, the Privacy Rule is balanced so that it permits the
disclosure of health information needed for patient care and
other important purposes.
 The Security Rule specifies a series of administrative, physical,
and technical safeguards for covered entities and their business
associates to use to assure the confidentiality, integrity, and
availability of electronic protected health information.

Who needs to know?
With a partner, decide who needs to know the athlete’s
medical condition?
Justify why that person does or does not need to know.
1st scenario: Concussion
2nd scenario: What if it was an ACL tear?
Negligent or Not?
Step 1:
With a partner, decide if the scenario is negligence or
not.
If someone is negligent, decide if it is nonfeasance,
misfeasance, or malfeasance.
Step 2:
With your partner:
1. Create 3 sports examples of nonfeasance
2. Create 3 sports examples of misfeasance
3. Create 3 sports examples of malfeasance
Be prepared to share them with the class
Group Video and Assessment Quiz
Part 1:
Create a video on nonfeasance by an athletic trainer,
misfeasance by an athletic trainer, and malfeasance by
a coach
See Movie Rubric
When Finished, Study for Assignment Quiz on Legal
Issues
Part 2:
Take assignment quiz on legal issues
Review for exam and Goanimate Movie
Part 1:
Whiteboard game: Review concussions, sudden cardiac arrest,
and head/neck injuries
Part 2: (use Assignment Rubric)
Create a toontastic movie showing knowledge on at least one of the following
concepts:
1.
3 signs of a concussion, 3 treatment options, 2 prevention strategies
2.
3 signs of sudden cardiac arrest, 4 treatment options, 3 prevention
strategies
3.
3 Signs of head/neck/spine injury, 4 treatment options
4.
Incident involving malfeasance and description of why it is malfeasance
5.
Incident involving nonfeasance, 4 ways a coach can reduce litigation
6.
Incident involving misfeasance , 4 ways an athletic trainer can reduce
litigation
Study for the Test
Includes:
Concussions
Sudden Cardiac Arrest
Head/Neck/Spine Injuries
Sports Medicine Current Events
Legal Issues