Injury care and athletic trainer (chapter 1)
Board of Certification (BOC)
**Awards the ATC credential Role of delineation study Standards of professional practice- **Ethical responsibilities that guide one's actions
ATC domains
-Injuries/illness prevention and wellness protection -Clinical evaluation and diagnosis -Immediate and emergency care -Treatment and rehab -Organization and professional health and well-being
National Athletic Trainers' Association (NATA)
Establishes standards for professionalism, education. research, and practice settings Entry level athletic training clinical intergration proficiencies Code of ethics
Exclusionary cause
Informed consent Identifies conditions not treated by the certified athletic trainer ex: Non athletic related injuries
Potential for battery
Informed consent Unpermitted or intentional contact with another individual without consent
Clearance for participation
Legal considerations **Final authority is supervising team physician, not the certified athletic trainer
Negligence
Legal considerations Failure to provide a duty of care Can result from: **Malfeasance Misfeasance Nonfeasance Malpractice Gross negligence
TORT law
Legal considerations Practice of athletic training is normally tried under what law
Omission
Legal considerations Tort Fails to preform a legal duty
Commission
Legal considerations Tort Performs an act they are not trained to do
Standard of care
Legal considerations Type of care **What another professional would gave done in similar circumstances
Scope of care
Legal considerations Type of care Outlines roles and responsibilities
Good samaritan laws
Legal defenses Conditions vary from state to state, but immunity generally applies only when a first aider -acts during an emergency -acts in good faith -acts without expected compensation -is not guilty of misconduct or gross negligence
Assumption of risk
Legal defenses Individual acknowledges understanding of the risks of his or her participation in the activity and voluntarily chooses to participate, assuming all risks of injury or even death due to his or her participation
Comparative negligence
Legal defenses Relative degree of negligence Damages are awarded on a proportionate basis -Surgeon is 70% at fault and patient is 30% at fault
Foreseeability of harm
Legal liabilities **Recognizing a potential danger and removing the danger before an injury occurs
Product liability
Legal liabilities -Implied warranty **Provide equipment that will not cause injury if used as intended -Expressed warranty -Strict liability -**NOCSAE: Establishes minimal standards for football helmets
Informed consent
Legal liabilities -Injured party has been reasonably informed of needed treatment, possible alternative treatment, and advantages and disadvantages of each course of action Exclusionary clause Obtain prior to any treatment Potential for battery
Refusing help
Legal liabilities Individuals have the right to refuse treatment Exception: Increased risk for further injury
Failure to warn
Legal liabilities Participants must be informed that risk for injury exists and understand the nature of that risk
Confidentiality
Legal liabilities Right to privacy
Malfeasance
Negligence **Performs and act not trained to do
Gross negligence
Negligence A total disregard for the safety of others
Malpractice
Negligence An individual commits a negligent act
Nonfeasance
Negligence Fails to preform a legal duty to care
Misfeasance
Negligence Performs an appropriate act but does it improperly
Health care team
Part of what? Team physician Primary care physician Coach or supervisor Athlete Physical therapist Strength and conditioning specialist Other specialists
Preventing litigation
Preventing what? Understand and complete duty of care Take steps to reduce risk of litigation Know a NATA position and consensus statements
Criteria required to prove negligence
These 4 needed for what **There was a duty of care **Breach of that duty **There was harm (pain and suffering, permanent disability) **The resulting harm was a direct cause from that breach of duty
