KNES315 Exam #1 Review (Chapter 2)

Tort

- A civil wrong done to an individual where the injured individual or their party (i.e. Family) seeks remedy (i.e. Money) for damages suffered.

Reasonable Standard of Care

- A minimum standard that requires an individual to act as a reasonably prudent (Showing care) person. - i.e. Riding a bicycle, a reasonably prudent person would wear a helmet to take precaution and reduce the risk of injury.

Negligent Torts: 2) Malfeasance

- AKA Act of Comission - Occurs when an individual commits an act that is not their responsibility to perform. - i.e. If a P.E teacher suspects that a student has sustained a lower leg fracture, the teacher could be liable, if he/she straightened the leg and immobilizing it with a splint (NOT their job to do so!)

Negligent Torts: 1) Nonfeasance

- AKA Act of Omission - Occurs when an individual fails to perform a legal duty of care. - i.e. if a coach knows that a player has sustained an injury and still allows the athlete to to continue to play, the coach has not demonstrated reasonable care

Battery

- Any unpermitted or intentional contact with another individual without their consent

Informed Consent

- Authorization to *provide treatment for an injury* should be obtained in writing prior to the beginning of participation. - I.C. implies that an injured party has been reasonably informed of the needed treatment for the services that a coach may need to perform. - Failure to receive I.C. may resultin *Battery*. - The Conscious and competent individual has the right to refuse treatment when injured.

Assumption of Risk Form

- By signing this form, the individual affirms an understanding and appreciation of the risks of their participation in the activity - Acknowledges that the nature of injury could range from minor to catastrophic (brain injury, paralysis, death) - Form does NOT exempt coaches from liability!

Assumption of Risk

- Coaches should inform potential participants of the risk of injury during sports and PA participation - Understanding and comprehending the nature of the risk is determined by the participant's *age, experience, and knowledge* - Participants and parents of minors should: 1) Understand the risk for injury exists 2) Appreciate the nature of the risk 3) Voluntarily accept the risk

Good Samaritan Laws

- Encourages bystanders to assist others in need of emergency care by granting them immunity from potential litigation. - Intended to protect physicians and medical personnel.

Product Liability

- Implied Warranty - Manufacturers have a duty of care to design equipment that will not cause injury to an individual when used as intended. - Expressed Warranty - A written guarantee that the product is safe for use

Risk Management

- It is essential that institutions, facilities, organizations provide sport and PA programs develop policies and procedures pertaining to the healthcare of participants.

Negligence

- Occurs as a result of an action or lack of an action by a professional who had a legal duty of care. - i.e. If a coach gives medication to an injured participant, then the coach has committed a medical service that is outside his/her duty of care.

Negligent Torts: 3) Misfeasance

- Occurs when an individual commits an act that is their responsibility to perform, but uses the wrong procedure or performs the correct procedure in an improper manner. - i.e. PT fails to perform pre-par screening correctly, and later the client sustains an injury or illness related to their fitness program. The PT could be held liable.

Reducing Litigation: Preparticipation Examination

- Performed by a *Licensed Physician* as a requirement for sports team or Physical Fitness program to obtain info on an individual's general health, maturity, and fitness level. - Physicians cannot exclude athletes from participation in a sports or PA, but can only recommend not to participate due to medical conditions, if any. (Federal Rehab Act and Americans with Disability Act)

PPE for different Age Group

- Prepubescent (6-10): Focusing on previously undiagnosed congenital abnormalities. - Pubescent (11-15): Focusing on maturation and establishing good health. - Postbuescent (16-30): Focusing on history of previous injuries and sport-specific examinations. - 65 Y/O +: Focuses on physical needs and medications being taken.

Duty of Care

- Professionals who have a legal obligation to provide a professional standard of care to protect participants from potential risk injuries.

Comparative Negligence

- Refers to the relative degree of negligence on the part of the professional and the participant, with damage awards on a basis proportionate to each person's carelessness.

Professional Standard of Care

- Requires an individual to use the knowledge, skills, and abilities to perform the standard of care for their particular specialization. - Established by professional organizations (i.e. ACSM) - Standard of Care differs depending upon the profession.

Examples of Duty of Care

- Teaching proper technique for an age group - Providing appropriate supervision of activities - Ensuring a safe participation environment - Taking proper actions when an injury is sustained

Confidentiality

- The Health Insurance Probability and Accountability Act (HIPAA) - Laws that are intended to protect the privacy of patients.

What conditions are necessary to PROVE Negligence?

- The injured/Harmed individual must prove the 4 elements of negligence: 1) There was a *duty of care* owed to the injured person by the professional responsible for the injury. 2) There was a *breach* of that duty 3) There was *harm* (i.e. permanent disability) 4) The resulting harm was a direct cause of the breach of duty - i.e. Soccer coach has a duty of care to check the playing field for hazards. If soccer player sustains an injury due to the unsafe field, then coach breached his duty of care.

Exculpatory Waiver

- When Physician recommends individual not perform participation, but individual disregards it and participates anyways, a exculpatory waiver is involved. - A contract that releases the professional from any liability to the individual executing the release.

Foreseeability of Harm

- When danger is visible, resulting in an unreasonably unsafe condition. - Potential for injury can be identified during inspections. - i.e. unpadded walls under basketball hoops, glass or potholes on playing fields.