sports medicine - 1.2

what conditions are necessary to prove negligence

- have to prove there was a duty of care - have to prove there was a breach in that duty of care - have to prove that harm was a direct cause of breach of duty

The focus of a preparticipation physical examination for a pubescent child should be A. identifying previously undiagnosed congenital abnormalities B. maturation and establishing good health practices C. performing a sport specific examination and reviewing the history of previous injuries D. individual physical needs with consideration for medications being taken and their possible side effects

C and D

define tort : commission

committing an act is not legally one duty to perform

define negligence : malfeasance

committing an act that is not one's responsibility to perform

define informed consent

consent is given be a person if legal age who understands the nature and extent of any treatment and available alternative treatments before agreeing to receive treatments

how do standard of care and duty of care differ

duty of care is a legal obligation while the standard of care is a performing any acts that could foreseeably harm others

define good Samaritan law

generally provide basic legal protection for those who assist a person who is injured or in danger

manufacturers of athletic equipment have a duty to provide equipment that will not cause injury when used for its intended purpose. This is termed: A. expressed warranty B. implied warranty C. strict liability D. product of safety standard

idk

what is standard of care

minimum standard that requires an individual to act as a reasonably prudent person; in a professional setting, use. the knowledge, skills, and abilities, that conform to the standard of care for a particular specialization

True or False? A coach who dispenses medication could be held to the standard of care of a physician.

true

define negligence : misfeasance

while committing an act that is one's responsibility to perform, produce or performing the right produce in an improper manner

True or False? An individual can be sued for negligence even if there was no harm. A breach of duty that could have resulted in harm, but didn't result in harm, is sufficient criteria for a negligence lawsuit.

true

True or False? Comparative negligence refers to the relative degree of negligence on the part of the professional (defendant) and the participant (plaintiff), with damages awarded on a basis proportionate to each person's carelessness

true

define tort

type of law with a civil suit where dollars are awared

define battery

unpermitted or intentional contact with another individual without their consent

define warranty : implied

unwritten guarantee that the product is reasonably safe when used for its intended purpose

in performing their responsibility as an emergency first aider, a fitness specialist, coach, or physical educator is not likely to be protected by the "Good Samaritan Laws." Identify 4 conditions that must exist for immunity based on the "Good Samaritan Laws" to apply to the emergency care provider

1. Acts during an emergency 2. Acts in good faith to help the victim 3. Acts without expected compensation 4. Is not guilty of any malicious misconduct or gross negligence toward the injury party

Understanding and completing their duty of care consistent with state laws and professional policies and standards of practice is key to a fitness specialist, coach, or physical educator reducing litigation for their actions. Identify 5 other strategies that can be used by these professionals to reduce the risk of litigation.

1. Informing the individual about the inherent risks of participation 2. Foreseeing the potential for injury and correcting the situation before harm others 3. Obtaining informed consent form the individual or guardian before participation in the sport/activity and before any treatment should an injury occur 4. Using quality products and equipment that does not pose a threat to the individual 5. Maintain strict confidentiality of medical records

Prior to the start of the season, the coach should do all of the following except: A. obtain informed consent to participate in the sport B. warn athletes of the risks of participation C. obtain informed consent for treatment D.obtain a waiver for liability related to injury

C

If a coach diagnoses an injury, the coach has... A. provided an appropriate professional standard of care B. performed their duty of care C. committed an action that could result in negligence D. committed a tort

D

Which of the following is an example of misfeasance? A. A personal trainer conducts a pre-activity screening, but fails to perform the screening consistent with professional guidelines B. A personal trainer suspects that a client has sustained a lower leg fracture due to the visible angulation of the involved bones. The trainer manages the injury by straightening the leg and immobilizing it in a splint. C. A personal trainer encourages a client to continue limited physical activity, knowing that a doctor has told the client to refrain from activity. D. A personal trainer fails to report that a piece of equipment is not safe and should be removed from use.

D

define foreseeability of harm

a condition, whereby danger is apparent of, should have been apparent, resulting in an unreasonably unsafe condition

define warranty : expressed

a written guarantee that states the product is safe for consumer use

define negligence

breach of one's duty of care that causes harm to another individual

define tort : omission

failing to perform a legal duty of care

define negligente : nonfeasance

failing to preform one's legal duty of care

True or False? The coach of a high school tennis team is preparing assumption of risk forms for distribution. The coach decides to use the same form used by the football coach. However, given tennis is not a contact sport, he removes the sentence that indicates the potential for "catastrophic injury, including brain injury, paralysis, and even death." The decision to remove that statement was appropriate.

false

you are self-employed as a fitness/exercise specialist. before working with a new client what information would you provide to and request from the individual to reduce the risk of litigation to injury

information I would request from a new client is a pervious medical history along with an updated physical

define duty of care

legal obligation to provide professional standard of care

a member of your high school basketball team was seen by their family physician for an injury sustained during practice. the physician determined that the athlete should not participate in the activity for one week. after five days the athlete's parent calls you to give approval for their child play. how would you respond to this situation?

reassess the athlete to how much progress they have made and make it clear to them that they shouldn't be doing any physical activity before the week is over. but if the parents insist on letting their students participate, have them sign legal work basically enabling then from suing you if something were to happen.