Exam 2: Chapter 3
What are the major legal concerns for a coach/athletic trainer in regards to these concerns?
A coach/athletic trainer is liable for the athletes under their care and has to provide a standard of care. Failure to do so would make the coach/athletic trainer negligent by committing a tort, which could be an act of omission or act of commission. In order to be successful in a suit for negligence, an athlete must prove that the athletic trainer had a duty to exercise reasonable care, breached that duty by failing to use reasonable care, and that there is a reasonable connection between the failure to use reasonable care and the injury suffered by the athlete or that the athletic trainer's action made the injury worse. If the coach breaches a duty to exercise reasonable care, but there is no reasonable connection between the failure to use reasonable care and the injury suffered by the athlete, the athlete's suit for negligence will not succeed.
What measures can a coach take to minimize the chances of litigation should an athlete by injured?
Coaches & Athletic Trainers can significantly decrease their risk of being negligent by: • Warning the athlete of the potential dangers inherent in the sport. • Supervise constantly and attentively. • Properly preparing and conditioning the athlete. • Properly instructing the athlete in the skills of the sport. • Insuring that proper and safe equipment and facilities are used by the athlete at all times. • Working to establish good personal relationships with the athletes, parents and coworkers. • Establishing specific policies and guidelines for the operation of an athletic training facility and maintaining qualified and adequate supervision of the training room, its facilities, and equipment at all times. • Developing and carefully following an emergency plan when needed. • Making it a point to become familiar with the health status and medical history of the athletes under his or her care so as to be aware of any problems that could present a need for additional care or caution and keep a file that contains medical history, preparticipation exams and injury records. • Keep good records that document all injuries and rehabilitation steps. • Document efforts to create a safe playing environment. • Have a detailed job description in writing. • Obtain written consent for providing health care, particularly when minors are involved. • Maintain confidentiality of medical records. • Don't dispense prescription drugs, and if allowed by law, exercise extreme caution in the administration of nonprescription medications. • Use only therapeutic methods that s/he is qualified to use and that the law states may be used. • Don't use or permit the presence of faulty or hazardous equipment. • Work cooperatively with the team physician in the selection and use of sports protective equipment, and insist that the best equipment be obtained, properly fitted and properly maintained. • Don't permit injured players to participate unless cleared by the team physician. • Follow the expressed orders of the team physician at all times. • Purchase liability insurance to protect against litigation and be aware of the limitation of the policy. • Know the limitation of his or her expertise and the applicable state regulations and restriction limiting his or her scope of practice. • Use common sense in making decisions about the athlete's health and safety.
Why should an athlete possess both general health insurance and accident insurance?
General health insurance will help to overset medical expenses incurred from most all injuries and illnesses, but accident insurance will help to cover any additional expenses not covered by the athlete's general health insurance.
Why should a coach/athletic trainer carry individual liability insurance?
Liability insurance helps to assist and protect the coach/athletic trainer from a negligence lawsuit.
Define the legal terms: liability, negligence, act of omission, act of commission, assumption of risk, and torts
Liability: state of being legally responsible for the harm one causes to another. Negligence: failure to use ordinary or reasonable care. Act of Omission: when an individual fails to perform a legal duty. Act of Commission: when an individual commits an act that is not legally his to perform. Assumption of Risk: an individual, through expressed or implied agreement, assumes that some risk or danger will be involved in a particular undertaking. Tort: legal wrongs committed against a person or property of another.
