Chapter 3: Legal Liability and Insurance

What is Duty of Care?

A requirement that a person act toward others and the public with watchfulness, attention, caution, and prudence that a reasonable person in the circumstances would do. Not acting as such will be considered negligence.

What is the Standard of Reasonable Care?

Assumes that an individual is a person of reasonable and ordinary prudence. The person will bring a commonsense approach to the situation at hand.

Malfeasance- Act of Commission

Committing an act that is not legally yours to perform.

Nonfeasance- An Act of Omission

Failing to perform a legal duty.

Define the different types of health insurance; explain why, as a health professional, it is important to understand the different types of health insurance (not because you will use one of these for your own medical care.

General Health Insurance: Policy that covers illness, hospitalization, and emergency care. Secondary Insurance: Usually held by the university or entity and will pay the remaining medical bills not covered by the primary insurance. HMO- Health Maintenance Organizations provide preventative measures and limit where the individual can receive care. Medicaid- Low income Medicare- Old and disabled Accident Insurance- Covers accidents on school grounds. Catastrophic Insurance- Rehabilitation, transportation, ect for complex events.

Misfeasance

Improperly performing a responsibility that one has the legal right to do.

Discuss ways that litigation can be minimized.

Individuals can make sure they have done everything possible to provide a reasonable degree of care to the injured athlete- i.e fill out and keep records, check understanding with athlete.

What is a tort?

Legal wrongs committed against a person.

Negligence

The failure to use ordinary or reasonable care.

What is Assumption of Risk?

The individual signs a contract acknowledging that some risk or danger will be involved in the particular undertaking. "Taking his/her own chances by participating"

What is a Statute of Limitation?

The length of time one is able to sue for negligence.

Discuss what product liability is and why its important.

The liability of any or all parties along the chain of manufacture of any product for damage caused by that product. Manufacturers have a duty to design equipment that will not cause injury, if the user uses it improperly then the manufacturer cannot be held responsible.

Liability

The state of being legally responsible for the harm one causes another person.

Explain the importance of personal liability insurance.

This insurance will typically cover negligence in a civil case- covers what is not covered by general liability. Helps protect against cases of malpractice, errors and omissions, and acts of negligence. If in contact with students, the person is required to have this.