injury care and the athletic trainer

Copyright © 2013 Wolters Kluwer Health | Lippincott Williams & Wilkins

Injury Care and the Athletic Trainer

Injury Care and the Athletic Trainer

Chapter 1


Sports Medicine vs.

Athletic Training?


NATA vs. BOCNATA 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


ATCATC

• Domains

– Injury/illness prevention and wellness protection

– Clinical evaluation and diagnosis

– Immediate and emergency care


ATC (cont.)ATC (cont.)

• Domains

– Treatment and rehabilitation

– Organization and professional health and well-being


Athletic Training EducationAthletic Training Education

• Commission on Accreditation of Athletic Training Education (CAATE)


State Practice GovernanceState Practice Governance

• Licensure

• Certification

• Registration


Work SettingsWork Settings

• High school and collegiate settings

• Professional sports teams

• Sports medicine clinics

• Industrial/occupational settings

• Physician practices


Team Approach to Health CareTeam Approach to Health Care

• Team physician

• Primary care physician

• Participant

• Physical therapist

• Strength and conditioning specialist

• Additional specialists


Legal ConsiderationsLegal 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


Legal Considerations (cont.)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


Legal LiabilitiesLegal 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


Legal Liabilities (cont.)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


Legal Liabilities (cont.)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


Legal DefensesLegal 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


Legal Defenses (cont.)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


Preventing LitigationPreventing Litigation

• Understand and complete duty of care

• Steps to reduce risk of litigation

• Know NATA position and consensus statements

injury care and the athletic trainer

Documents

professional health

wellbeing copyright

battery copyright

emergency care copyright

athletic trainerchapter

legal liabilities cont

legal considerations

atc cont