Legal Liability/Responsibility

Legal considerations for the athletic trainer First need to know what is the athletic

trainers DUTY to the athlete Duty is the legally defined

responsibilities of an athletic trainer To do what a reasonable an careful

person (athletic trainer) would do under the same or similar circumstances “reasonably prudent man theory”

What Defines a DUTY?

Job Description Standard of Care Contract Athletic Trainer Domains

Breach of Duty

Nonfeasance - not fulfilling legal duty “don’t do something you should have done”

Misfeasance - Doing something we should be doing, but improperly

Malfeasance - Doing something we have no duty to perform

Breach of Duty- Other Factors

Morality Economic good of the group Practical administration of the law Justice Fact pattern of the case

Standard of Care

What is the standard of care an athletic trainer has to uphold?

Standard of care is determined by what the individuals duty is.

For example - a coach managing a serious head injury would not be held to as high a standard of care as an athletic trainer or EMT.

Duty owed to each individual is different Licensee - On property with

permission of owner but of no benefit to owner. Should be warned of harms owner is aware of.

Invitee - Greatest duty! Person who has been invited expressly onto land

Trespasser Least Duty!

Legal considerations for the athletic trainer Liability: Appropriate actions for

particular situations Must perform in a reasonable manner or

liable Must not fail to perform or liable

Definitions of Liability

Negligence - Guilty of being liable Contributory Negligent - the degree to

which the injured athlete is determined to have contributed to his/her own injury.

Comparative Negligence - similar to Contributory but compared the relative negligence not the part of the defendant

Definitions of Liability

Tort - What a trainer is legally charged with Omission - don't carry out legal duty Commission - commit act not legally

able to perform

Defenses Against Negligence

Assumption of Risk - an athlete assumes certain risk of injury (need to consider age, and experience)

Act of God Contributory and Comparative

negligence Forseability

Legal Issues - Informed Consent

Implies that an athlete or his/her parents must be informed of the risks inherent in a particular sport before they voluntarily assume the risk of participation. Remember that guardians/parents

cannot waive a minors rights. A minor can reinstate his/her right when turning 18.

Legal Issues - Shared Responsibility Acknowledges the impracticality of

coaches and other athletic personnel being responsible for the prevention of all injuries that occurring sports. Consequently, the athlete is asked to share in this responsibility.

Legal Issues - Transportation

Guest Statue - no person riding in an auto as a guest has any right of action against the driver or any person liable if: willingly volunteered (remember minors cannot volunteer)

Colins V. Board of Kent County - Student rode home with a friend not on a school bus from an event. Was killed in auto crash. Parent sued school for not providing transportation when the event was required.

Legal Issues- Governmental or Proprietary Function Institution is responsible for all

activities that occur on their property “Respondent Superior”

Charitable Immunity

What is the athletic trainer legally liable for?

Nutritional aspects of team - Can't watch what eat but need to supply them with information and recognize eating disorders

Supervise the play and practice areas: make sure they are safe, control the environment (move objects, suggest take practice inside due to lightning or heat/cold)

Legally liable to give the athlete the best equipment whether JV or sub-athlete

Specific Responsibilities to the Training Program Obtain readily available medical

records. Conduct pre-play physical exam and

maintain accurate emergency information. Can't assume all athletes are healthy.

Work closely with parents and coaches keep communication open.

Specific Responsibilities to Athlete Make sure athlete knows how to

condition Between onset of practice and

competition make sure the athlete is prepared. Gear etc..

W/out any hesitation--must remove athlete from activity if impaired.

Responsible for athlete in the environment.

Specific Responsibilities to Athlete Must have ability to evaluate and

analyze the injury and athletes status Give proper fitting equipment Athlete must have qualified medical

care in practice and competition. If beyond your scope, you need a physician. You don't need to know everything--have a support group.

How Do Athletic Trainers Protect Themselves? Keep accurate records Have the health history of the athlete

current and accessible in case of emergency

How Do Athletic Trainers Protect Themselves? Make sure the area you are responsible for

is properly supervised; students and equipment are safe.

Don't give out medicine. That is for the physician. May not want to give out aspirin or Tylenol prior the comp/practice; if injured may mask symptoms.

If dispensing over the counter drugs, keep accurate record of how many and who.

How Do Athletic Trainers Protect Themselves? Use only ability capable of using - don't act

outside capabilities Don't use faulty equipment Don't return injured player until cleared by

doctor Never use pain killing drugs that allow

athlete to participate Follow orders of the physician Communicate clearly with doctors, coaches,

athletes, and families

Part of being prepared and avoiding liability is having an emergency care procedure in place and following that procedure.

Release and Waiver

Release - institution is not responsible for injuries (worthless) Parents can't sign away anything for a

minor Release of information to anyone else

other than athlete need a release from the athlete.